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HomeMy WebLinkAboutAGENDA REPORT 1996 0821 CC REG ITEM 08AITCH 94 AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Nelson Miller, Director of Community Developmeilt- Deborah S. Traffenstedt, Senior Planner �T-)6T' DATE: August 16, 1996 (CC Meeting of 8- 21 -96) SUBJECT: CONSIDER APPROVAL OF THE SPECIAL DEVICES, INC., (SDI) PROJECT: GENERAL PLAN AMENDMENT NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE TRACT MAP (VTTM) NO. 5004, AND INDUSTRIAL PLANNED DEVELOPMENT (IPD) PERMIT NO. 95 -2 BACKGROUND AND DISCUSSION The City Council held a public hearing for the SDI Project entitlements on August 14, and directed staff to prepare a draft resolution certifying the Final Environmental Impact Report (EIR) and adopting a Mitigation Monitoring Program, Environmental Impact Report (EIR) Findings, and Statement of Overriding Considerations (Attachment 1); a draft resolution approving the requested General Plan amendment, Vesting Tentative Map, and IPD Permit (Attachment 2); and a draft ordinance approving the requested zoning changes (Attachment 3). The City Council also directed staff to make minor corrections to the conditions of approval, which have been incorporated into the draft conditions attached to the resolution (Attachment 2). As a result of continued discussions regarding the Development Agreement, there have also been some requested modifications and clarifications to conditions. These are shown with the use of legislative format. Modifications and clarifications have been suggested to Conditions 16, 19, 34, 82, 89.1, 102, 104, 105, 114, and 135 of VTTM No. 5004 and Conditions 28, 69, and 118 of IPD No. 95 -2. Corrections to conditions of approval, as shown in the c: \1- m \sdi \cc8- 2196.rpt Special Devices, Inc. To: Honorable City Council August 16, 1996 Page 2 August 14 staff report, have been incorporated into the draft conditions attached to the attached resolution, without the use of legislative format. STAFF RECOMMENDATION 1. Adopt Resolution No. 96- 1 certifying the Final Environmental Impact Report and approving the Mitigation Monitoring Program, EIR Findings, Statement of Overriding Considerations. 2. Adopt Resolution No. 96- , approving General Plan Amendment No. 95 -1 Vesting Tentative Map No. 5004, and Industrial Planned Development Permit No. 95 -2. 3. Introduce first reading of Ordinance No. , approving Zone Change No. 95 -3, for the Special Devices, Inc., Project, and waive full reading. Attachments: 1. Draft Resolution No. 96 A. Mitigation Monitoring Program B. EIR Findings C. Statement of Overriding Considerations 2. Draft Resolution No. 96- 2. Exhibit Showing General Plan Land Use Designation Revisions B. Vesting Tentative Map No. 5004 Conditions of Approval C. IPD Permit No. 95 -2 Conditions of Approval 3. Draft Ordinance No. Exhibit Showing Zoning Map Revisions c: \1- m \sdi \cc8- 2196.rpt ATTACHMENT 1 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING PROGRAM, MAKING CERTAIN FINDINGS RELATED TO THE SIGNIFICANT IMPACTS OF THE PROJECT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SPECIAL DEVICES, INC., PROJECT (GENERAL PLAN AMENDMENT NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2, AND DEVELOPMENT AGREEMENT NO. 96 -1) WHEREAS, at a duly noticed public hearing on August 14, 1996, and a continued meeting on August 21, 1996, the City Council considered the application filed by Special Devices, Inc., for General Plan Amendment No. 95 -1, Zone Change No. 95 -3, Vesting Tentative Tract Map No. 5004, and Industrial Planned Development (IPD) Permit No. 95 -2 for a 297.92 -acre site located within the Moorpark Area of Interest in Ventura County and the City of Moorpark, directly east of the State Route 23 and New Los Angeles Avenue interchange, Assessor Parcel Numbers 500 - 350 -145 and 513- 050 -085; and WHEREAS, the Final Environmental Impact Report (EIR) for the Special Devices, Inc., Project (State Clearinghouse No. 95071057) provides an environmental assessment of the proposed project in accordance with the California Environmental Quality Act (CEQA), Division 13 of the Public Resources Code of the State of California, and the State CEQA Guidelines; and WHEREAS, public notice of the availability and distribution of the Draft EIR was provided in compliance with CEQA; and WHEREAS, at a duly noticed public hearing on June 10, 1996, the Planning Commission received public testimony regarding the adequacy of the Draft EIR and closed the public hearing; and WHEREAS, the City Council considered certification of the Final EIR at its meeting on August 21, 1996, and reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: c: \1- m \sdi \cc- envir.res 8 -16 -96 Resolution No. 96- Page 2 SECTION 1. The City Council hereby finds that the Final EIR for the Special Devices, Inc., Project reflects the independent judgment of the City of Moorpark, as lead agency. SECTION 2. The City Council hereby certifies that the Final EIR for the Special Devices, Inc., Project has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California), CEQA Guidelines, and the City's CEQA Procedures. SECTION 3. The City Council hereby finds that the requirement for additional Lot D creates no new impacts and that subdivision of the 297.92 -acre project site into eight lots, consisting of Lots 1 through 4 and Lots A through D, is consistent with the analysis in the Draft EIR and Final EIR; and SECTION 4. The City Council hereby certifies that the Council has received and considered the information contained in the Final EIR prior to making any approval decision for the proposed Special Devices, Inc., Project and has found that the Final EIR adequately addresses the environmental effects of the proposed project. SECTION 5. The City Council hereby adopts a Mitigation Monitoring Program (Attachment A), with modifications to the Mitigation Monitoring Program, as reflected in the Conditions of Approval for Vesting Tentative Map No. 5004 and Industrial Planned Development Permit No. 95 -2, which shall supersede, expand, and enhance the language of the mitigation measures; makes Environmental Impact Report Findings related to the significant impacts of the Project (Attachment B) , and adopts a Statement of Overriding Considerations (Attachment C). PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF AUGUST, 1996. Mayor of the City of Moorpark ATTEST: Lillian E. Hare City Clerk Attachments: A. Mitigation Monitoring Program B. CEQA Environmental Impact Report Findings C. CEQA Statement of Overriding Considerations c: \1- m \sdi \cc- envir.res 8 -16 -96 Attachment A MITIGATION MONITORING PROGRAM FOR SPECIAL DEVICES, INC., PROJECT The Mitigation Monitoring Program will be delivered under segarate cover on Monday, August 19, 1996. Attachment B Resolution Number 96- CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL IMPACT REPORT FINDINGS FOR THE SPECIAL DEVICES, INC., PROJECT (GENERAL PLAN NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, IPD PERMIT NO. 95 -2, AND DEVELOPMENT AGREEMENT NO. 96 -1) Legal Requirements The California Environmental Quality Act (CEQA) Section 15091, which requires the preparation of Findings Concerning the Mitigation of Environmental Effects, states: No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR." The CEQA Guidelines further direct that the Findings shall be supported by substantial evidence in the record of the project. The certified Final identifies thirteen must be prepared: EIR on the Special Devices Incorporated Project types of environmental effects for which Findings c:\1-m\sdi\ceqa.ffid 1 8 -14 -96 (1) land use and planning considerations and project consistency with adopted environmental Goals, Plans and Policies; (2) geologic effects and seismic hazards; (3) air quality impacts on the local and regional airshed; (4) changes to surface water quality and extraction of groundwater supplies; (5) impacts resulting from changes to drainage patterns and the transport of sediment; (6) effects on biological resources; (7) noise impacts on City residents; (8) fire hazards and fire suppression; (9) effects on both local and regional traffic circulation; (10) impacts on public services and private utilities; (11) effects on aesthetics and visual resources; and (12) impacts to cultural; and (13) effects on paleontological resources. If the decision of a public agency to approve a project allows the occurrence of significant effects which are not at least substantially mitigated, a Statement of Overriding Considerations must be prepared. Such a Statement has been prepared for this project and is a attachment to City Council Resolution No. 96- Thresholds of significance useful for distinguishing between an environmental effect that is adverse and can be mitigated or an effect that is unavoidable are defined in CEQA Statutes, State Guidelines, Appendices to State CEQA Guidelines, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects (e.g., air quality, water quality). Impacts for Which Findings are Required Land use and Planning Considerations and Project Consistency with Adopted Environmental Goals, Plans and Policies c:\1-m\sdi\ceqa.fhd 2 8 -14 -96 Anticipated Adverse Environmental Effects Ten potentially significant land use issues were identified as having the capacity of generating potentially significant environmental effects; these potential impacts include: (1) modifications that needed to be made to the Vesting Tentative Map that were required to provide for proper slope maintenance; (2) additional landform modifications that may have been required if on -site water storage was to be required; (3) changes needed to be made in the access arrangements for Lots 1, 2, and 3, and the design of the modifications to the State Route 23 /New Los Angeles Avenue interchange were required; (4) the financial feasibility of the proposed grading remediation program for Lots 3 and 4 needed to be evaluated; (5) the Conservation Easement area needed to be defined with certainty; (6) a Development Agreement was necessary for the project (for exemption from the Hillside Grading Ordinance), and such an Agreement was not in preparation at the time of Draft EIR circulation; (7) several annexations were required to enable development of and service to the project; (8) consultations were required with Trustee Agencies regarding sensitive species and wetland intrusions; (9) design modifications were required for the project to better conform with Hillside Management objectives articulated in the City's Hillside Management Ordinance; and (10) additional details were required to properly address Industrial Planned Development requirements. Findings The City disclosed the potential for environmental effects concerning these issues and required feasible and implementable mitigation measures for each concern. In addition, the Final EIR included a revised project design that incorporated feasible mitigation measures outlined in the EIR and modifications recommended in the Alternatives Analysis in the Draft EIR. Subsequently, the Project Description was formally amended and this modified project was evaluated in the Final EIR; a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR (CEQA Section 15091 (a )(1)]. Rationale The revised Project Description include all of the features recommended in the Final EIR Alternatives Analysis which were necessary to improve the land use compatibility of the project with surrounding properties and to resolve outstanding concerns regarding infrastructure planning, annexation, Trustee Agency consultation and related issues. These changes included providing substantial open space dedications, arranging c: \1- m \sdi \cega.fnd 3 8 -14 -96 for water service through consultations with Waterworks District No. 1, further field evaluation for rare and endangered plant and animal species, provision of additional details regarding construction, the creation of an open space buffer in the form of an easement area within which development would be restricted or prohibited and land dedications to the City. In addition, limitations were imposed on the alignment of infrastructure extensions. Specific changes in the revised Project included: • The total number of lots was reduced from 10 to 8, primarily due to consolidation of open space, and only three lots (1, 2, and 3) are to be developed with commercial and industrial uses. • Undevelopable or conservation easement dedicated open space lots were assigned an alphabetical designation to avoid any confusion about the potential for buildout of commercial or industrial facilities on these parcels. • In response to concerns about the feasibility of developing original Lot 4, Lots 3 and 4 were combined into a single Lot 3. Stringent Conditions of Approval were developed for the Vesting Tentative Map which require geotechnical testing and development of safe, reliable primary and secondary access for the remainder portion of Lot 3 for which no specific development proposal has been conceived by the applicant. • Former Lot 5 was redesignated as an unbuildable parcel and was assigned the designation Lot A. • Former Lot 6 is now proposed to be two lots - -Lot 4 and Lot D. • Former Lot 7 was redesignated as an unbuildable parcel and was assigned the designation Lot B. • Former Lots 8 and 9 were combined and redesignated as an unbuildable parcel and were assigned the designation Lot B. • A portion of former Lot 10 is now designated as a private road easement and the remainder has been incorporated into Lot 3. • The private road ( "A" Street) was modified to provide four travel lanes between the intersection with New Los Angeles Avenue and the Lot 3 driveway. • "A" Street now terminates approximately 1,000 feet east of the driveway location for the Phase 1 portion of Lot 3. c: \1- m \sdi \cega.fnd 4 8 -14 -96 The proposed building elevations were revised to achieve greater compliance with the Hillside Grading Ordinance requirements. Colors were revised to emphasize blending the building massing with the surrounding natural terrain. The roof line now includes more variation and is slightly higher overall, with the highest point being 41 feet. A terraced planter has been added along the north elevation. The proposed beige and blue colors are intended to blend with the hillside and the sky. The previously proposed white (building) and gold (door) colors have been deleted. The site plan was revised to show more clearly the parking area dimensions, handicapped parking, type of parking and driveway area surfacing, and bicycle parking and motorcycle parking locations. A wider driveway has also been provided to allow two turn lanes in and out of the facility which should improve peak hour circulation . The consistency of the project with adopted environmental goals and policies was evaluated in Chapter 5 of the Final EIR. With exceptions related to air quality and impacts to biological and visual resources which are referenced in the Statement of Overriding Considerations, the amended project as described in the Addendum to the Final EIR and in exhibits provided by the applicant resulted in the incorporation and adoption of all required, feasible mitigation measures. With these modifications, the project was found to be in conformance with the goals, policies, and programs in the applicable Elements of the General Plan. Geologic and Seismic Hazards Anticipated Adverse Environmental Effects According to the preliminary grading plans for the project, approximately 1,500,000 cubic yards of earth are to be graded to create building pads and access roads. The proposed grading would be balanced on -site within an initial major rough grading phase. Based on the preliminary geotechnical report, cuts of up to 65 feet and fills up to about 120 feet in depth would be created during site rough grading. Maximum cut and fill slopes (lateral extent of slopes in plan view) would extend 400 to 500 feet in width and 500 to 900 feet in length, respectively. The grading design has been conceived to minimize, to the extent feasible, the adverse appearance of manufactured slopes by daylighting proposed grades with contours of unmodified slopes. Based on the grading plans, cut and fill slope gradients up to two horizontal and one vertical are planned in most locations. Generally, ridges and hilltops are to be cut and canyons filled in order to create relatively flat building sites and access roads. Although this is generally compatible from a geotechnical c: \1- m \sdi \cega.fnd 5 8 -14 -96 standpoint, the proposed grading would substantially alter the existing on -site topography and drainage patterns. Project construction and grading activities would involve removal of vegetative cover, excavation and cut and slopes, and operation of heavy equipment. Significant impacts to soils include accelerated erosion and downslope deposition and increased potential for surficial sliding and slumping. Compaction of soils by heavy equipment may reduce the infiltration capacity of soils. The reduced infiltration may deprive soil and vegetation of water and may substantially increase runoff and erosion, particularly into the Arroyo Simi drainage descending along the northern perimeter of the project boundary. Sedimentation patterns into the creek would likely be greatly altered by denuding of slopes and by grading activities at the site. Surficial landslides and slope failures are present in three locations within the property in the vicinity of pad locations. The constraints posed by these landslides have been taken into account in the design of the project. Few landslides or unstable slopes exist within the manufacturing facility building area proposed for Lot 3 or commercial Lots 1 and 2; however, landslides are present within and surrounding Lot 3. In addition, liquefaction related slope failures are predicted for the access road proposed to link the flag area of Lot 3 to the primary development portion of Lot 3. A substantial portion of the central, eastern, and southern perimeter of the SDI property is characterized by unstable slopes and existing landslides. The proposed distribution of manufacturing and commercial uses within the project boundary would minimize the potential hazards of major landslides to damage commercial buildings or generate injury related to failure; landslide failures and slope stability issues primarily concern the development of Lot 3. Minor landslides are sufficiently small that it is feasible to mitigate potential impacts using conventional grading operations (i.e. removal or support with an earth buttress). The susceptibility of a soil to liquefaction is dependent upon various criteria including (1) a loose consistency, (2) the presence of ground water, (3) grain size distribution, and (4) intensity of ground shaking. Based on data contained in the geotechnical report for the project, liquefaction impacts are predicted to be significant. A substantial amount of older alluvium is present within the building area within both Lots 2 and 3 and in the vicinity of the proposed access road across the fill slope to be constructed on the northern perimeter of Lot 3. This material is failure prone, must be removed and stabilized. Impacts associated with liquefaction potential are anticipated to be significant. c:\1-m\sdi\ceqa.fhd 6 8 -14 -96 Ground shaking may also activate marginally stable landslides and unstable slopes. Deep fill slopes constructed over older alluvium with the capacity to liquefy are proposed in the northern portion of the development, particularly adjacent to the potential access road that would be required to link the flag area of Lot 3 with the primary development area for that lot. Ground shaking from an earthquake could cause surficial slumping or failure in this area with subsequent damage to roads and parking lot areas. These potential liquefaction- induced slope failure problems may result in future remedial costs to restore and regrade some portions of the proposed access road and parking area on Lot 3. Further, since dual access has not been provided to the flag lot portion of Lot 3, a liquefaction related slope failure could isolate the building and its occupants during emergency or fire conditions. The failure of this road could result in both structural damage and threats to human safety that would result from slope failures along the fill slope on the northern perimeter of Lot 3. Colluvial deposits identified at the site are subject to creep, as are some of the natural soils, which are also susceptible to soil slip /debris flow. Most of these conditions can be mitigated by the geotechnical planning in advance of grading; potentially unstable materials would need to be removed. Only a few locations would be situated below natural slopes with the potential for significant surface instability. Un- cemented sands exposed in cut slopes would also be subject to surficial deterioration. There is some potential for significant damage to structures placed upon insufficiently compacted soils during seismic events; in the case of the SDI project, the access road connecting the two proposed development areas of Lot 3 is situated in an area subject to subsidence, potential impacts associated with this hazard were determined to be significant. When lot specific and access road related structure geotechnical testing is completed for this development, additional ground settlement tests will be required and if such tests demonstrate any potential for liquefaction or subsidence, the City Building and Safety Office will require and enforce grading conditions to mitigate any potential impacts. The City Engineer, however, may require additional testing prior to certification of the Final EIR or approval of the Final Map. This issue needs to be resolved prior to certification of the EIR. Findings The City disclosed the potential for adverse environmental and potential property related effects resulting from the exploration of the geologic suitability of the property for the uses proposed. Specific mitigation measures were conceived to offset impacts related to (1) landslides and slope stability, (2) seismic hazards related to fault rupture, (3) c:\1-m\sdi\ceqa.fnd 8 -14 -96 liquefaction potential, (4) the suitability of the project site for the proposed use and the appropriateness of the site design and grading concept. Furthermore, the Draft EIR included an alternatives analysis that recommended project redesign to minimize geologic hazards. A revised project design was conceived that incorporated most of the required mitigation measures outlined in the Draft EIR. Subsequently, the Project Description was formally amended and a Final EIR was prepared describing this revised alternative; a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. The applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a)(1)]. Rationale Feasible and implementable mitigation measures were developed for each area of geologic concern. Project mitigation measures require additional, detailed, site specific geotechnical investigation and preparation of further geologic studies prior to recordation of the Vesting Map. Mitigation measures also require remediation of unstable slopes, removal and stabilization of landslides, and compliance with the recommendations of soil and geologic studies. With the imposition of these mitigation measures and taking into account the redesign of the project to avoid or minimize environmental effects, changes or alterations have been required and incorporated into the project that have reduced potential geologic hazards to insignificance. Air Quality Anticipated Adverse Environmental Effects The proposed project would result in both short -term construction impacts during the project development phase and long -term impacts related to increased vehicle trips associated with occupation and use of industrial and commercial buildings. Short -term construction impacts would primarily result from fugitive dust generated by the project grading program to create the landscape improvements, building pads, infrastructure improvements, and from exhaust emissions associated with heavy -duty construction equipment. Cumulative long -term effects on the regional air shed would result from both new building occupancy and use of the proposed commercial center. c:\I-m\sdi\ceqa.ffid g 8 -14 -96 Once completed, the proposed development would result in a long -term source of air emissions. This would primarily be caused by an increase in motor vehicle traffic, but would also include emissions from stationary sources such as on -site natural gas combustion (heating, etc.) , on site mixing and processing of raw materials (the burning of waste water filters, and clean up paper), evaporates used in wet mixing processes, and off -site electrical powerplants (electrical demand). The California Air Resources Board (Air Quality Analysis Tools, 1989) Model URBEMIS version 5 was used to calculate the vehicle emissions of the proposed project. The URBEMIS 5 Model inputs correspond (with minor adjustments) with the trip generation rates used for the traffic analysis. The primary additional vehicle trips associated with development of the Special Devices Incorporated Regional Headquarters Manufacturing Plant Facilities, and Commercial Development Project would result from routine, daily vehicle trips to and from the occupied buildings of the industrial complex and trips resulting from occupation of the commercial buildings within the project by employees and use of these commercial facilities by residents of Moorpark and the surrounding region. The long -term air quality effects of the project are almost exclusively related to automobile emissions in the community airshed resulting from the proposed commercial uses; the manufacturing and office uses associated with the SDI facility itself would be comparatively minor. Using the emission factors for commercial and manufacturing projects provided in County Guidelines, construction of the proposed Phase 1 office and manufacturing facility would result in a total net increase of 15.71 pounds per day of Reactive Organic Compounds (ROC) and 10.04 pounds per day of Nitrogen Oxides (NOx); with the addition of the Phase 2 expansion for Lot 3, total predicted emissions would be 23.03 pounds per day of Reactive Organic Compounds (ROC) and 14.71 pounds per day of Nitrogen Oxides (NOx) for full buildout of Lot 3. While these emissions do not exceed thresholds, with the addition of the proposed Lot 3 flag lot expansion, total SDI project emissions are predicted to be 39.36 pounds per day of Reactive Organic Compounds (ROC) and 25.13 pounds per day of Nitrogen Oxides (NOx). Thus, with full buildout of the proposed manufacturing facility, air quality impact thresholds would be exceeded. The future development of commercial facilities on Lots 1 and 2 individually and collectively would result in significant unavoidable air quality impacts. The new emissions to be generated by the commercial aspects of the project can at least partially be offset by APCD recommended mitigation measures. However, even with mitigation efforts, including payment of mitigation fees, the project's incremental contribution to a decline in the quality of air in the community would be significant. c:\I-m\sdi\ceqa.fnd 9 8 -14 -96 The volume of long -term operational pollutants generated by the proposed project was judged to be significant (based on APCD significance thresholds). Because the Ventura County APCD uses the same long -term operational thresholds to evaluate project specific and cumulative air quality impacts, by definition, the proposed commercial components of the project would have a significant cumulative impact on the degradation of the airshed. Because project specific effects are significant and unavoidable, cumulative effects are, by definition, also unavoidable. Findings The City disclosed the potential for significant, unavoidable adverse environmental effects on local and regional air quality in the Final EIR for this undertaking. Project modifications that would have reduced the volume of pollutants were considered in the Alternatives Analysis. These alternatives included: Alternative 1: No Project Alternative 2: Reduced Manufacturing Facility Size (150,000 square feet) Alternative 3: Deletion of Lot 4 and Use of Commercial Lot 2 for Manufacturing Facility Expansion Alternative 4: Revised Vesting Map and Modified Project Alternative Alternative 5: Alternative Locations As disclosed in the rationale statement concerning project alternatives in the concluding section of these findings, with the exception of Alternative 4 (Revised Project Design), these alternatives were determined either to be infeasible or not capable of being implemented, or, the alternatives considered would not substantially reduce air quality emissions. The adopted alternative, Alternative 4, failed to result in a significant reduction of air quality impacts and therefore a Statement of Overriding Considerations was required for this impact. Mitigation measures were conceived which partially offset air quality impacts. Since adverse effects were not fully mitigated, a Statement of Overriding Considerations has been prepared. Rationale Without a substantial reduction in the size of the project, diminishing air quality impacts sufficiently to reduce the impacts of the project to non - significant levels cannot be achieved. For the reasons cited in the c:\I-m\sdi\ceqa.fnd 10 8 -14 -96 Alternatives Analysis section of these findings, a reduction in project size was not recommended in the Final EIR as the environmentally superior alternative. Feasible and implementable mitigation measures were developed for both construction and long -term operational emissions that were anticipated to occur as a result of project implementation. These mitigation measures include transportation demand management planning, construction mitigation planning, and incorporation of trip reducing technologies into the project (to the extent feasible and applicable) . With the imposition of these measures and taking into account the redesign of the project to avoid or minimize environmental effects related to air quality (e.g., decreasing the extent and duration of grading), impacts were reduced to the extent feasible. Therefore, applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)] and specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (CEQA Section 15091 (a )(3)] that could have further reduced air quality impacts. The new emissions to be generated by the project can at least partially be offset by APCD recommended mitigation measures. However, even with mitigation efforts, including payment of mitigation fees, the project's incremental contribution to a decline in the quality of air in the community would be significant. Groundwater Supplies, Domestic and Reclaimed Water Use, and Surface Water Quality Anticipated Adverse Environmental Effects Given the status of current imported water supply planning and the likelihood that present expansion plans for wholesale water supplies will be implemented in the near future, the project's impacts on imported water supply limitations would be insignificant. In addition, both Calleguas and County Waterworks District 1 have reviewed the project's water demands, storage requirements, and related conveyance systems and committed to providing domestic water service for the project. Domestic water for the project will be provided by Ventura County Waterworks District No. 1. The District's use of both underground and imported water sources to service the area is restricted; groundwater supplies are limited and regulated - -total future extractions must be reduced in accord with Groundwater Management Agency requirements. c: \1- m \sdi \cega.fnd 11 8 -14 -96 Imported water sources, while contracted for in good faith by both Calleguas and the Metropolitan Water District, are subject to variation in supply depending on northern California regional rainfall trends. Imported wholesale water is delivered to the District by the Calleguas Municipal Water District (CMWD) through nine metered locations within the District's boundary. Sources of water for the SDI Project will be provided by the District via district turnout stations from Calleguas main service lines. The proposed water supply for the project would be met using imported water supplies rather than local groundwater. The applicant is proposing that the project water supply requirements are to be accommodated by either existing or planned reservoirs in either the 920 and 757 service zones pursuant to the Master Facilities Plan for the District. If required, supplemental reservoirs, which would be sized to accommodate the project plus other needs of the District, have not yet been sited. Wastewater collection and treatment is provided by the District at the Moorpark Treatment Facility. Wastewater is conveyed from developed portions of the City through gravity sewer mains to the Moorpark Treatment Plant. Wastewater mains are present in Science Drive in close proximity to the SDI Project; therefore, limited infrastructure extensions would be required to access existing wastewater main lines. The projected sewer treatment demands associated with the three lots that would be developed with either commercial or manufacturing uses are projected to be 197,410 Gallons Per Day (GPD) for the three Lots (1, 2, and 3) that would be served via a mainline extension from the New Los Angeles Avenue Interchange northbound ramp to the existing main adjacent to Science Drive. First flush pollutants (hydrocarbon, oil, and automobile residues deposited in stream channels as a result of initial seasonal rains) have the potential to affect water quality in the Arroyo Simi. The Regional Water Quality Control Board does not consider such parking lots, even large parking lots, as either primary or significant point source pollutant generators. However, NPDES regulations and planning guidelines for the use of Best Management Practices recommend that consideration be given to implementation of a system of water quality management that prevents first flush pollutants from being discharged into important riparian systems. Therefore, while the impacts of the pollutants discharged from the parking lots within the area to be developed on Lots 1, 2, and 3 may only result in very minor impacts to water quality in the Arroyo Simi, mitigation measures will be required to comply with NPDES water quality maintenance requirements. Erosion and sedimentation resulting from construction of the proposed SDI project and related commercial structures would result in considerable c:\1-m\sdi\ceqa.fhd 12 8 -14 -96 short -term construction related effects. Ultimately, erodible areas on the property would be protected with landscaping and extensive hardscape and building development. With implementation of recommended mitigation measures, the development would not contribute to cumulative erosion and sedimentation impacts. However, contaminants present in runoff generated by additional urban development within the watershed, in conjunction with contaminants from existing urban development and other sources including septic systems within the project vicinity and treated wastewater discharge from the Moorpark Treatment Plant would potentially result in minor degradation of water quality within the Arroyo Simi and downstream areas of the Arroyo Las Posas tributaries. Further, runoff generated by cumulative development may potentially increase water levels within downstream channels, resulting in changes to the stream chemistry and biology. However, given the relatively small area within the project boundary to be impacted (approximately 100 acres) and the large size of the watershed (about 129 square miles) the degree of project contribution to long -term cumulative impacts is considered minor and insignificant. Findings The City disclosed the potential for adverse environmental and potential property related effects resulting from the extraction of water from local groundwater sources, the use of landscaping maintenance chemicals, and the increase in impervious surfaces capable of transporting water quality reducing chemicals from parking areas and streets. A number of changes and alterations were required to the design of the proposed wastewater and domestic water extraction and conveyance system; the protection of water quality will be assured through the preparation and implementation of a Water Quality Management Plan and related stormwater management plans. Finally, requirements were established for coordination with another agency (Water Works District No. 1) and which is responsible for the management and distribution of water supplies and fire flows for the project. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)]. Rationale Specific mitigation measures (1) groundwater management, domestic water conveyance were conceived to offset impacts related to (2) wastewater treatment line relocations and lines, (3) monitoring use through time to c:\1-m\sdi\ceqa.fhd 13 8 -14 -96 measure and correct for any effects on surface water quality, (4) the potential for erosion and sediment impacts related to grading, temporary erosion control, and (S) the long -term use and management of chemicals both in the manufacturing facility and on exterior landscaping. Based on available data, the proposed project effluent can feasibly be processed by the Moorpark Treatment Plant without adverse effects on long -term or short -term treatment capacity. The total treatment demand would not adversely affect treatment capacity. A contract for the provision of this water has been proposed by the applicant and approved in concept by the District. Although chemicals are used in the maintenance of landscaping, the array and volume of these materials are minor compared to comparable agricultural activities. With proper management of landscaping maintenance, facility operations, and storm drain first flush facilities, no contamination of downstream surface waters from the project even under worst case conditions. Drainage, Hydrology, and Flood Control Planning Anticipated Adverse Environmental Effects The anticipated improvements that will be required to achieve the basic objective of detaining on site the increased water and debris flows resulting from the proposed project will involve (1) the development of on -site detention basin capacity to retain abut 44 cfs of discharge which would result from construction of the development (Mary Lewis, Project Engineer, South Bay Engineering, Personal Communication, March 1996), (2) installation of properly sized drainage conveyance devices from the on- site retention to the Arroyo Simi, and (3) improvement and replacement of existing drainage conveyance devices adjacent to State Route 23. The Ventura County Flood Control District has indicated that implementation of all of these improvements will be required. In addition, the proposed development will be required to provide for improvements within on -site drainages (i.e., catch basins, piping, and culverts); these facilities will need to be designed to comply with City of Moorpark and the Ventura County Flood Control District standards. With proper detention and debris basin planning, changes to on -site drainage volume and patterns would not have a significant impact to downstream drainage facilities or adjacent properties. The primary watershed descending through the project (the Arroyo Simi) carries a very substantial and rapidly moving volume of water during major storm events (Final EIR on Arroyo Simi Channel Improvements, c:\1-m\sdi\ceqa.fhd 14 8 -14 -96 Hydrologic Analysis, page 5 -5). Lots 1, 2 and 3 are situated in close proximity to the existing banks of this drainage. In several places, these existing flood control channels are subjected to scouring water; vertical banks are also characteristic of the channel and such banks are subject to failure during high water velocity events. The types of soil present along and above the floodplain of the Arroyo, particularly adjacent to Lot 3, are relatively erosible. Based on a preliminary review of the Arroyo Simi hydrology calculations, geological setting, and landform shape in relation to stormwaters, it is reasonable to assume that Lot 3, including the flag lot portion and access road, would potentially be subject to potentially undermining bank erosion and /or earthquake related slope failure that could otherwise impact or modify existing banks. Lots 1 and 2 are situated well above the Arroyo and no improvements are planned along the northern portion of these lots at this time. The potential for loss of or damage to some manufacturing, commercial, or related access road improvements along the northern portion of the project and the potential for damage to parking and roadway improvements along the Arroyo Simi drainage are considered significant impacts. Without proper bank protection and flood control planning related to the design of future uses on the flag lot portion of Lot 3, which is bounded at grade on the northern and western perimeter by the Arroyo Simi, significant adverse impacts could occur as a result of (1) stormwater induced road failures, (2) ponding in the vicinity of Lot 4 if the arroyo breaks out or is redirected from its present channel, and (3) bank scouring which could undermine bank or bridge stability; these impacts are considered potentially significant. It is also important to recognize that bank protection alone would not remediate the potential for damage and impact that may result from predicted liquefaction related failure in the proposed fill slope along the northern perimeter of Lot 3. Bank protection is required to prevent undercutting of this fill slope which could contribute to slope failure, especially in saturated conditions. Runoff and stormwater quality control measures would need to be implemented during and after construction to avoid silt and debris transport effects. Additional efforts will also be required to comply with the National Pollutant Discharge System requirements for stormwater. The cumulative effects of downstream silt and debris transport could be potentially significant. During the mass grading period, the amount of debris exiting the site at the property boundary during construction would be substantially greater than natural conditions if the proposed debris basin is not constructed coincident with the onset of mass grading. Therefore, a significant short -term impact could occur if grading were allowed to proceed into the first rainy season without c:\1-m\sdi\ceqa.fhd 15 8 -14 -96 putting into place appropriate debris management technology (a Class II impact). The cumulative effects of downstream debris transport would be potentially significant even if a net reduction in long -term silt and debris movement results from implementation of the project. On -going maintenance will be required to excavate and transport excess sediments from any on -site debris and retention basins to offsite locations. Trapped sediments would consist mostly of granular materials such as sands and silts. Sediments trapped in the detention basin would carry only very minor potential for contamination from parking lot related discharges and manufacturing uses. Without proper maintenance, the proposed debris and detention facilities would fail to accomplish the objectives for which they have been designed. Findings The City disclosed the potential for significant adverse environmental effects on local and regional drainage systems and existing flood control improvements. Project modifications that would have reduced the volume and dispersal of pollutants were considered in the Alternatives Analysis. As disclosed in the rationale statement concerning project alternatives in the concluding section of these findings, with the exception of Alternative 4, these alternatives were determined either to be infeasible or not implementable, or, the alternatives considered would not substantially reduce flood control related effects. A number of changes and alterations were required to the design of the flood control system for the project; the applicant has agreed to implement all required mitigation. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a)(1)J. Rationale The applicant had not proposed an urban runoff mitigation program and therefore as planned, extensive erosion could occur during the initial grading program. In addition, runoff and stormwater quality control measures were needed to be implemented during and after construction to avoid silt and debris transport effects. Additional efforts would also be required to comply with the National Pollutant Discharge System c: \1- m \sdi \cega.fnd 16 8 -14 -96 requirements for stormwater. Mitigation measures related to the protection of water quality and proper collection and dispersal of floodwaters has been assured through the requirement to prepare a Master Drainage and Flood Control Improvement Plan and a Bank Protection Plan (if determined to be necessary by the City Engineer) prior to the initiation of grading activities. Biological Resources Anticipated Adverse Environmental Effects Development of Lot 3 and related rough grading site preparation for Lot 2, the access road to serve these two Lots, and limited remedial grading on Lot 1 would result in the direct loss of approximately: (1) 13 acres of cactus scrub, (2) 1 acre of California Walnut Woodland, (3) 1 acre of Alluvial Scrub, and (4) indirect modification of 18 acres of other aquatic and riparian habitats. These communities all meet the definitions of significant rare or sensitive habitat. A substantial portion of the land around the perimeter of the manufacturing and commercial portions of the project would need to be cleared and modified for fire protection purposes, further diminishing the existing native plant communities. Disturbance associated with clearing and grubbing, grading, and equipment storage and rough earth movement would further destroy an undetermined amount of less significant types of vegetation. Total sensitive native habitat loss resulting from implementation of the project is estimated to be about 40 acres (distributed over a variety of community types). The adverse effects resulting from destruction of sensitive habitats and plant communities would be very significant. Therefore, implementation of the project would contribute significantly to the gradual, potentially inevitable, elimination of locally significant plant communities as existing, viable habitats. A total of 110 mature trees were counted and evaluated in detail within the approximately 140 acre boundary of the Lot 1, 2, and 3 manufacturing and commercial development construction area. According to the current grading and construction plans, there are 45 trees estimated to be destroyed by construction on Lot 3 (Phase 1 of the SDI manufacturing and office facility project). The destruction of oak specimen trees,would result from development of Lots 1, 2 and 3, and is considered a significant impact. A total of 18 sensitive plant species are known to occur historically in the vicinity of the study area. Of these, four species were determined to occur (or to potentially occur) within the study area due to the suitability of on -site habitat. These include the Lyon's Pentachaeta, which is both a Federally Proposed and state - listed Endangered Species, c:\1-m\sdi\ceqa.fhd 17 8 -14 -96 and the slender- horned spineflower, a state and federally - listed endangered species. The two clusters of Lyon's pentachaeta (Pentachaeta lyoni) located on the property are located within herbaceous communities along ridgelines in the southeast corner of the property would not be impacted by construction. Of the biological resources found on -site, the riparian and cactus scrub communities are considered to be the most sensitive. The riparian communities (Alluvial Scrub and Mulefat Scrub) cover 17.5 acres of the property. Because, riparian habitats represent high -value wildlife habitat and are rapidly diminishing throughout California, these communities are considered sensitive by natural resource agencies. The cactus scrub located in isolated locations on the site serve as habitat for the cactus wren, a species of bird listed as a U.S. Fish and Wildlife Service federal candidate (Category 2) for listing as threatened or endangered. The non - native grasslands and disturbed areas are not considered sensitive. The main riparian corridor is on the north side of the project boundary and surrounds the Arroyo Simi. There are no other blueline streams located on the property. While most riparian areas would be subjected to indirect impact, primarily, some unknown portion of the riparian habitat in the Arroyo Simi would be subjected to direct impacts, particularly along the northern and western perimeters of the flag lot portion of Lot 3 and the northern perimeter of Lot 2. The proposed 100 foot (or greater) fill slope in the northern portion of Lot 3 would also result in direct and indirect impacts to riparian vegetation. In addition, riparian communities would be directly affected by increased erosion both during and after construction of the project facilities and by increased runoff from the parking areas within the project boundary. Direct impacts to the riparian corridor would result from the following activities: • construction of bank protection and drainage conveyance devices along the northern perimeter of the development adjacent to Arroyo Simi; • clearing, grubbing, and grading for the construction along the embankments above the present flood channel; and • construction of flood control improvements and retention basins. Although it is difficult to estimate the area of direct impact given the level of detail presently available concerning final commercial and c: \1- m \sdi \cega.fnd 18 8 -14 -96 manufacturing hydrology and flood control design, drainage routing, bank protection requirements, and related matters, based on an initial computation of the zone of direct impact on riparian areas, approximately 18 acres of riparian habitat are likely to be impacted either directly or indirectly by the project. The adverse effects of construction within and adjacent to the riparian corridor would result in direct or indirect impacts to about 18 acres of habitat or potential habitat, a significant impact requiring mitigation planning. Indirect effects on the habitats adjacent to the project are predicted to occur as a result of project approval. The potential adverse biological effects on surrounding biological resources could potentially include increased and unregulated recreational use of surrounding lands, intrusion of non - native plants and domestic animals into the remaining relict components of the surrounding natural ecosystem, and the creation of impediments to wildlife dispersal. Disturbance to nearby habitats through increased noise, traffic, lighting, and general human activity are also potentially significant. Construction of the project would result in wildlife mortality. This impact was determined to be an adverse but not significant impact. The extent of animal mortality would not seriously impact the viability of any vertebrate species. Regional animal populations would be sustained despite the mortality of vertebrates associated with construction disturbances. A total of 31 sensitive or special interest faunal species (including 7 reptiles, 17 birds, and 7 mammals) are known to occur in the vicinity of the project site. Two sensitive bird species, the Federal Candidate Category 3b San Diego cactus wren, and the Federal Candidate Category 2 Southern California roufous- crowned sparrow were observed within the study area during the late spring -early summer census of fauna. In addition, the Coastal whiptail, a reptilian Federal Candidate Category 2 species, and the American Badger, a mammalian California Species of Special Concern, were observed on the site. A complete description of all of the candidate species and sensitive species observed within the project boundary is provided in the Biological Resources Technical Report (Appendix 5). Due to the nearly complete anticipated destruction of existing plant communities within the central portion of the property and the anticipated transformation of the environment which would occur with implementation of the project, adverse effects on these special interest species are anticipated to be permanent and significant; predicted impacts include temporary dislocation, essential habitat removal, construction mortality, and long -term habitat loss and related species displacement. While candidate and special interest species were observed c: \1- m \sdi \cega.fnd 19 8 -14 -96 or are expected to occur within the project boundary, with the exception of the Cactus Wren and Least Bell's Vireo, no presently designated State or Federal threatened or endangered wildlife species were observed or are expected to occur on the site due to the lack of suitable habitat. Buildout of Lot 3 for the SDI facility and Lots 1 and 2 for commercial uses would result in the destruction or permanent alteration of approximately 140 acres of wildlife habitat (a Class I impact), due to construction disturbance and required fire clearance. The total extent of habitat destruction or modification cannot be estimated with precision until a refined grading plan is prepared and the location and extent of all on -site and off -site improvements are designed. However, in general, the present design of the project would result in a transformation of native habitats from open space areas with high wildlife value to manufacturing and commercial facilities surrounded by relict areas of habitat. A 100 -foot or greater Fuel Modification Zone, which will be required to be created around the perimeter of the manufacturing and commercial sites, would also result in the destruction of a substantial amount of habitat. The area of disturbance and modification of habitat extends beyond the direct impact area. Cumulative indirect habitat effects would also result from habitat degradation associated with human occupation. Fuel modification and other transformation of native habitat would result in cumulative impacts to existing vegetation (a Class II impact). The direct loss of habitat resulting from construction as well as the indirect loss through habitat degradation would destroy or significantly compromise the entire site as a functioning ecologic system (a Class II impact). The cumulative impact would be to seriously modify remaining stands of a threatened vegetation community and the associated complex of birds, reptiles, amphibians, and other life forms. Development of this project would eliminate or severely diminish relatively sedentary species that currently live within the project boundary. More mobile vertebrate species would be displaced into adjacent habitats which are already likely to be saturated with conspecifics. These displaced individuals would also suffer high mortality rates. Widely- foraging vertebrates such as raptors and carnivores would experience a contraction of foraging space, the cumulative effects of which are elimination of the entire site as an ecologic unit. The direct and cumulative effects of habitat loss on existing vertebrate populations is considered significant. c: \1- m \sdi \cega.fnd 20 8 -14 -96 The entire project site in its present form functions less as a wildlife corridor and more as a refuge or destination area for wildlife. The project represents one of the larger areas of intact, open space land, not previously disturbed by agricultural uses, along the northern perimeter of the City of Moorpark. Imbedded within the regional landscape surrounding the project site are several natural features that could be considered wildlife corridors. Any of the deeper ephemeral washes and intact streams in the area offer value as potential wildlife corridors. These elements are particularly valuable because they dissect a series of habitats along their entire length thereby contacting a wide variety of vertebrate species. Therefore, the potential loss of this "secondary linkage" wildlife corridor is considered significant. Findings The City disclosed the potential for environmental effects concerning biological resource impacts and determined that for most of these impacts, feasible and implementable mitigation measures could be identified. Changes or alterations have been required in the Project Description to preserve biological resources (e.g., creation of habitat restoration areas, conservation easement areas, and the use of native plants in the landscaping program). In addition, the Final EIR included a revised project design that incorporated most of the required mitigation measures outlined in the EIR. Subsequently, the Project Description was formally amended and additional analysis of the revised project alternative was included in the Final EIR; a revised set of Conditions of Approval were developed to mitigate impacts not offset by project redesign. Therefore, applicable findings are that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR [CEQA Section 15091 (a)(1)] and specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (CEQA Section 15091 (a)(3)] that could have further reduced impacts on biological resources, flora, fauna, and rare and endangered plant and animal species. Rationale Mitigation measures were prepared to address all issues related to the biological significance of the property to be developed. For each impact, corollary mitigation measures were designed which, in general, would reduce impacts to acceptable levels. This mitigation planning included offsetting measures to compensate for: (1) the destruction of c: \1- m \sdi \cega.fnd 21 8 -14 -96 botanical resources and sensitive habitats, (2) impacts to rare and endangered plant populations, (3) impacts to riparian habitats, (4) indirect effects on and disruption of the ecology of the surrounding open space, (5) construction related vertebrate mortality and impacts to faunal resources, and (6) cumulative loss of habitat, plant communities, and effects on wildlife corridors. In regard to issue 6, mitigation was determined to be incomplete and therefore a Statement of Overriding Considerations was prepared. Noise Anticipated Adverse Environmental Effects Potentially significant short -term increases in ambient noise levels may be perceived by residents living north of the project vicinity (north of the Arroyo Simi) as a result of: (1) construction vehicle ingress and egress to the project site; (2) activities in construction staging yards; (3) the operation of temporary on -site generators; (4) daily construction worker ingress and egress to the project site; (5) prolonged rough and finish grading; (6) facility construction and related materials deliveries. The loudest construction -type activities may require more than 1,000 feet of distance between a source and a nearby receiver to reduce the average 91 dBA source strength to a generally acceptable 60 dBA exterior exposure level (from stationary equipment) . The only residential areas in the project vicinity are situated about 2,000 feet north of the construction boundary. Since noise from localized sources (such as noise from construction equipment) typically attenuates (decreases in audibility with increased distance from the source) by about 6 dBA with each doubling of distance from source to receptor, outdoor receptors (residential neighborhoods north of the Arroyo Simi) set back from the construction area by more than 1,000 feet from the construction boundary would experience about a 45 dBA sound attenuation. c:\1-m\sdi\ceqa.fnd 22 8 -14 -96 This level of construction noise would not cause significant annoyance for any surrounding residential area. The topography of the project site and existing community and roadway noise associated with State Route 23 would also tend to mask and further attenuate construction noise. The primary source of noise with the potential to impact sensitive receptors in the community is motor vehicle traffic on the surrounding road system. Existing noise sources and CNEL values along these corridors have been accurately defined in the 1994 Technical Report for the Noise Element update to the City's General Plan. Moreover, due to the inaccessibility of the majority of the site and the substantial distances from the proposed locations of residences and other sensitive receptors from the New Los Angeles Avenue /State Route 23 interchange, no supplemental on -site noise monitoring was determined to be necessary to complete the impact evaluation for vehicle related noise. One of the qualities of sound propagation impacts related to traffic volumes on the street and highway system is that existing noise levels tend to "absorb" the noise that might be created by additional traffic volumes. For example, in order to produce a two to three dBa increase in CNEL noise levels along State Route 23 and adjacent street system segments (an increment of change that is barely audible to the human ear), traffic volumes would need to increase 100% above existing levels. Therefore, the volume of traffic that would be generated by the proposed project would not result in a perceivable change in noise volumes based on the audibility criteria outlined in Section 11.2 above. Therefore, buildout of manufacturing and commercial uses on Lots 1, 2, and of the Vesting Tentative Map and completion of Phases 1 and 2 of the SDI project would not result in adverse or significant noise impacts to sensitive receptors or residential neighborhoods along the local street system associated with the project. One component of the SDI manufacturing process involves testing devices in a manner that results in periodic detonations that result in un- ' contained noise (i.e., noise that is either directed outside of the manufacturing building or disperses beyond the containment provided) . The impulse noise related to operation of the project is periodically scheduled throughout a typical manufacturing week. This impulse noise would be recurrent but relatively infrequent; however, the present testing frequency may or may not reflect future patterns depending on inspection and permit requirements, changes to manufacturing procedures, product development and related issues. Further, SDI may engage in product development that could result in other sources of periodic testing noise that are currently unanticipated. Because of the materials being tested and manufactured involve detonations, without containment, noise impacts on the surrounding community could result from product manufacturing and research activities. c:\1-m\sdi\ceqa.fhd 23 8 -14 -96 Modeling the effects of such impulse noises is difficult to achieve at the project site until construction is complete and the on -site noise propagation characters of the site and manufacturing activities are actually measured. However, given the predicted values of impulse noise and the potential future sources of noise that are unknown at this time, impulse noise from the manufacturing buildings is predicted to be a significant impact requiring mitigation. Further, the proximity of future commercial uses on Lots 1 and 2 to the SDI manufacturing plants proposed for Lots 3 and the flag area portion of Lot 3 could interfere with retail uses in an unfavorable manner, making it difficult to obtain the most desirable uses at these locations. Findings The City disclosed the potential for environmental effects concerning construction noise and roadway noise in relation to the proposed development. On the basis of these disclosures, mitigation measures were required for construction and operation related noise impacts. The required mitigation would avoid or substantially reduce the significance of construction and operation noise impacts. In addition, the Final EIR included a revised project design alternative that incorporated most of the required mitigation measures outlined in the Draft EIR. Subsequently, the Project Description was formally amended and a revised project description was analyzed in the Final EIR; a final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identifies in the Final EIR (CEQA Section 15091 {a)(1)]. Rationale The noise impacts of the project were determined to be adverse and potentially significant during both the construction and operation phases of the project. Construction related mitigation measures have been required which should effectively reduce the construction noise impacts of the project to insignificance and conditions of approval were developed which will require all testing detonations to occur within structures designed to absorb noise. c: \1- m \sdi \cega.fnd 24 8 -14 -96 Fire Hazards and Fire Suppression Anticipated Adverse Environmental Effects Although the area surrounding the SDI Project is characterized almost exclusively by chaparral and scrub vegetation, to a considerable degree, the project is insulated along its northern perimeter from regional wildland fire influences by the Arroyo Simi and residential as well as commercial development. Native plant types in the surrounding hillside include many different species which have adapted to frequent fires and extended periods of drought. The steepness of slope, soils, elevation, intensity of wind movements, fire frequency and climate all contribute to and influence the distribution and fire susceptibility of plants within the vegetation communities immediately adjacent to the project. Primary fire related risk in the project vicinity would result from a fast burning high intensity chaparral fire. These types of fires are less easily contained and suppressed than fires in oak woodland and grassland areas south and west of the SDI Project site. Property damage and loss of life are likely in chaparral fires which are characterized by rapid, high intensity burning patterns. Therefore, design features have been incorporated into the project to reduce fire risks. Implementation of the proposed project would result in an increased demand for fire protection services. Development of the project at full buildout of all areas zoned for development would result in the creation of about 330,000 square feet of manufacturing structures and about 170,000 square feet of retail development and the conversion of approximately 100 acres of predominantly undeveloped area to urbanized land uses and related slope maintenance zones. The steep topography and chaparral vegetation located in the project vicinity is highly conducive to wildfires. The planned internal fire suppression capability of the manufacturing plant and the substantial buffers between buildings, parking areas, and surrounding chaparral vegetation would reduce the overall hazard of existing conditions. Based on the proximity of the proposed project to an existing Fire Station and the adequacy of facilities and personnel at other fire stations in the immediate vicinity, no additional fire protection staffing or equipment is warranted to satisfy fire suppression demands associated with the project. Existing personnel and mutual aid agreements can respond to fires that may arise within or pass near the proposed project. The proposed project internal circulation system for Lot 3 has been designed to comply with standards established by the County Fire Prevention Division; dual access to this Lot has been provided via an c: \1- m \sdi \cega.fnd 25 8 -14 -96 access driveway proposed to be cut into the fill slope for the pad along the elevation parallel to State Route 23. Dual access to Lots 1 and 2 have not been provided; however, ingress and egress routes for Lot 2 are identical to Lot 3 and therefore dual access for Lot 2 may not be required. The concerns of the Fire Protection District regarding the requirements for providing dual access to the flag lot portion of Lot 3 have yet to be satisfied; this area is situated in an area which is separated from Lots 1, 2, and the Phase 1 development portion of Lot 3, by a substantial distance. The flag lot area is also surrounded by vegetation. At this time, all weather access across the Arroyo Simi to the flag lot portion of Lot 3 has not been provided, nor is proposed, and the slope stability of the landforms along the northern boundary of Lot 3 is not adequate to assure that this access road would remain open during an emergency event. Slope failure related to earthquakes (amplification or liquefaction related failure) is predicted by the geologic stability model for the areas where this single access is planned. The combination of the potential for earthquake related slope failure along the access planned for the flag lot portion of Lot 3 access road, and the absence of secondary access to this portion of the Lot, could result in a road closure during emergency conditions and an inability to access the building or provide egress. For this reason, only a portion of Lot 3 can adequately be served with fire protection services at this time. The location of this project on the perimeter of the hard chaparral community surrounding Moorpark and the need to conduct an extensive grading program would result in relatively pervasive construction related fire hazards. Initial site vegetation clearance and grading activities have the potential to result in increased fire hazards during initial phases of construction. Hazard and risk management for the SDI facility in Moorpark would be comparable to similar programs adopted for the existing SDI facilities in California and Arizona. From a regulatory standpoint, the risk management and emergency management procedures for the proposed plant are highly evolved, effective, and adequately regulated. It is clearly in the applicant's economic interest to comply with all applicable storage, use and disposal requirements since failure to comply could result in production interference. Based on a review of permit compliance at existing plants, consultant inspection of other SDI facilities, and interviews with applicable SDI risk management staff, possible complications from risk of upset conditions were determined to be insignificant as long as a risk management plan is prepared and implemented for the facility. The risk of upset hazard footprint for the materials in storage at the proposed plant would not extend beyond the c:\1-m\sdi\ceqa.fnd 26 8 -14 -96 perimeter of Lot 3; in fact, the hazard footprint for the plant would be entirely contained within the developed portion of the property. Findings The City disclosed in the EIR for the project the potential for significant adverse environmental effects related to fire hazards and impacts on fire protection services. On the basis of this information, changes to the project design were recommended and these modifications were incorporated into a revised project description. Project modifications that would have reduced the potential for impacts from wildland fires and for effects on local fire service providers were incorporated into the revised project design. Subsequently, the Project Description was formally amended and a revised project was analyzed in the Final EIR; in addition, a revised and final set of Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a)(1)]. Rationale The proposed project internal circulation system has been designed to comply with standards established by the County Fire Prevention Division. The concerns of this agency have been taken into account in designing the road system serving the project. Dual access to and from the development, both for fire personnel and planned routes of emergency egress for future occupants of the manufacturing and commercial portions of the development, are adequate (except for the flag lot portion of Lot 3; however, this portion of Lot 3 is restricted from development until adequate access and fire management can be provided in the future). No other design modifications are required to meet County Fire Protection Division requirements. Implementation of the proposed project, together with other proposed development within District's service jurisdiction, would affect the ability of the District to provide sufficient fire protection services to the City of Moorpark. The cumulative impacts associated with the development of the project together with other proposed developments in the region would require additional staffing, equipment, and facilities in order to maintain adequate levels of fire protection throughout the c: \1- m \sdi \cega.fnd 27 8 -14 -96 City. Through proper design and management of fuel and topography, the impacts on fire suppression services can be minimized. Specific mitigation measures were proposed to address fire potential in the project vicinity. The measures included preparation of a Fire Hazard Reduction Program, specific building and construction requirements, road and driveway requirements, and fire hydrant /fire flow requirements. At this time, it is anticipated that the following federal, state, and county agencies would be involved in the design review, permitting, and operating oversight of the portions of the project that have some potential for risk of upset conditions: (1) occupational Safety and Health Administration (federal authority) : This agency provides regulations concerning employee exposure to chemical materials and manufacturing processes that involve risk or hazard. Both state and local agencies would administer and enforce these regulations at the plant. (2) Environmental Protection Agency (federal authority): The EPA sets standards governing pollutants, emissions, and hazardous materials treatment, transportation and waste disposal. one small part of the SDI operations involves incineration of potentially toxic emissions and a federal permit to operate this incinerator will be obtained. (3) Department of Transportation (federal authority) : This agency sets standards on the packaging and transportation of explosive materials, regulates and certifies the drivers handling these materials and has developed a hazard classification topology that is used to rank the relative danger of explosive materials. Because the SDI facility would be manufacturing and shipping air bag initiators which contain minute amounts of explosive material, the handling and transport of the shipped initiators, particularly in bulk conditions, is regulated by this agency. The packaged initiators are considered to be of low volatility and are not stringently regulated. (4) Bureau of Alcohol, Tobacco, and Firearms (federal authority): This Bureau regulates the design and construction requirements for portions of the SDI operation that involve the storage and mixing of combustible and explosive materials. This agency also sets storage limits on inventory retained at the facility and performs compliance inspections to ensure that all explosive materials are handled properly. The BAT also would need to license the SDI facility. (5) Nuclear Regulatory Commission (a federal agency): A very small amount of nuclear material is used in the manufacturing process (an c: \1- m \sdi \cega.fnd 28 8 -14 -96 X -ray process is used to verify the integrity of each initiator); this material is regulated by the NRC. The agency sets exposure limits for employees, regulates the design, construction and operation of machinery used in the manufacturing process, and defines licence requirements for the facility. In essence, the basic regulation of hazards and risk management for the proposed facility would require compliance with applicable federal agency restrictions, requirements, and standards, as interpreted and implemented by a variety of state and local agencies (e.g., the Regional Water Quality Control Board, the State Occupational Health and Safety Administration, the State Department of Transportation). County involvement in the review and operational oversight of the facility would involve the issuance of an Air Pollution Control District permit to operate; the County Fire Protection District would also be involved in review and oversight in defining and monitoring safety standards for the plant. The Fire Protection District would also register the facility as a hazardous materials generator and monitor compliance with risk management and hazardous materials management plans required as Conditions of Approval. Transportation and Circulation Anticipated Adverse Environmental Effects Two intersections in the project vicinity would operate at unacceptable Levels of Service [LOS D] under future traffic conditions predicted with the addition of Phase 1 (131,000 square feet of manufacturing facilities) of the SDI project to Year 2000 projected volumes. Impacted intersections and effects attributable to Phase 1 of the SDI project include: (1) A reduction of traffic capacity to LOS E at Spring Road at Los Angeles Avenue is predicted; however, this location would operate at LOS C with the improvements noted previously for this intersection under the Year 2000 No Project scenario. If the recommended improvements to this intersection are implemented as a scheduled Capital Improvement Project, then the project's effects at this location would be reduced to acceptable levels without additional mitigation. Therefore, impacts at this location are significant, but can be offset by making required contributions to the Los Angeles Avenue AOC Fund. (2) A reduction in LOS from 0.70 [LOS Cl to 0.82 [LOS D] at Science Drive and New Los Angeles Avenue (a Class II impact); and c:\1-m\sdi\ceqa.fhd 29 8 -14 -96 (3) A reduction in LOS from 0.80 [LOS C] to 0.86 [LOS D] at Moorpark Avenue and Los Angeles Avenue (a Class II impact). With full project buildout (Phase 2: all remaining manufacturing square footage and all commercial square footage), two of the study intersections would operate at an unacceptable Level of Service (LOS D and E) with completion of the SDI expansion and full buildout of commercial development on Lots 1 and 2, and addition of this projected traffic to the Year 2000 predicted traffic volumes. Impacted intersections and effects attributable to Phase 2 of the SDI project at these intersections include: (1) A reduction of traffic capacity to LOS E at Spring Road at Los Angeles Avenue is predicted; however, this location would operate at LOS C with the improvements noted previously for this intersection under the Year 2000 No Project scenario. If the recommended improvements to this intersection are implemented as a scheduled Capital Improvement Project, then the project's effects at this location would be reduced to acceptable levels without additional mitigation. Therefore, impacts at this location are significant but can be offset by making required contributions to the Los Angeles Avenue AOC Fund. (2) A reduction in LOS from 0.79 [LOS C] to 0.84 [LOS D) at Science Drive and New Los Angeles Avenue (a Class II impact); and (3) A reduction in LOS from 0.87 [LOS D] to 0.92 [LOS E] at Moorpark Avenue and Los Angeles Avenue (a Class II impact). Similar calculations to the Year 2000 analyses were completed for the projection of long -term cumulative effects associated with the addition of project traffic to traffic anticipated with full buildout of the City under existing land use designations in the City's General Plan. The predicted circulation system assumed to be in place for the Year 2010 analysis includes the Year 2000 circulation system with the improvements required to achieve the performance objective of LOS C as well as the following improvements: • Spring Road extension, "C" Street, the Casey Road extension and the completion of Science Drive. Six -lane roadway section along Los Angeles Avenue with intersection configurations as shown on Figure 16 of the Final EIR. c: \1- m \sdi \cega.fnd 30 8 -14 -96 • Extension of SR -118 west from the SR- 118/SR -23 freeway connection to Los Angeles Avenue as a four -lane expressway with "at grade" intersections at Spring Road, Walnut Canyon Road (may be grade separated due to terrain), and Gabbert Road. This connection does not allow movements from eastbound SR -118 to southbound SR- 23 or from northbound SR -23 to westbound SR -118. (The extension can initially be constructed as a two -lane facility with the additional lanes being added when needed) . • Traffic signal installation at the SR- 118 /Walnut Canyon Road (or grade separation) and SR- 118 /Spring Road intersections. The traffic analysis in the EIR indicated that all of the study intersections would achieve the LOS C objective for both peak hour periods. This conclusion is based on the assumption that improvements have been completed by the Year 2010: first, the intersection geometric improvements for Los Angeles Avenue /New Los Angeles Avenue and second, that the SR -118 extension from SR -23 to Los Angeles Avenue, which creates an expressway bypassing the City of Moorpark to the north, will be required. With the addition of cumulative traffic volumes to the project volumes, cumulative impacts were predicted to result in: (1) A reduction in LOS from 0.80 [LOS Cl to 0.85 [LOS D] at Science Drive and New Los Angeles Avenue (a Class II impact); and (2) A reduction in LOS from 0.79 [LOS Cl to 0.81 [LOS D] at Moorpark Avenue and Los Angeles Avenue (a Class II impact). The design of the SR -23 /New Los Angeles Avenue interchange has been conceived to accommodate full SDI project buildout as well as General Plan buildout. Since the mitigation of future project specific and cumulative impacts has been included in the design of the proposed improvements at the ramp locations, no project specific or cumulative impacts would result from implementation of the project at the New Los Angeles Avenue interchange. Findings The City disclosed in the EIR for the project that there was a potential for significant traffic capacity related impacts at several locations within the City. The payment of mitigation fees was required by the City to offset the project's impacts on the local and regional street system. c:\1-m\sdi\ceqa.fhd 31 8 -14 -96 Project modifications that would have reduced the potential for impacts related to traffic safety at the entrance to the manufacturing facility were incorporated into the revised project design. Subsequently, the Project Description was formally amended, and an analysis was prepared of the revised project which was then incorporated into the Final EIR. This document also contained a revised set of Conditions of Approval which were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. The applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a)(1)]. Rationale The Final EIR considered several impact assessment scenarios including evaluating the impacts of project traffic on both existing conditions, near term development, and long -term cumulative development anticipated in the Moorpark region. On the basis of this analysis, assuming that the City undertakes a variety of capital improvements over the next ten years, the impacts of the project were determined to be fully mitigated. The project was required to contribute to these capital improvements through the payment of Area of Contribution fees and a Citywide Traffic Mitigation Fee. Redesign of the project entrance to Lot 3 was accomplished with the intent of producing the most acceptable, safe, intersection configuration achievable. The adopted design mitigation plan for this intersection would not require the review and approval of Caltrans. In addition, the applicant is funding a major improvement of the New Los Angeles Avenue /State Route 23 interchange which will accommodate all future project traffic and anticipated buildout under the City's General Plan. With the imposition of these mitigation measures and design efforts, the impacts of the project on local and regional circulation systems was fully offset. c: \1- m \sdi \cega.fnd 32 8 -14 -96 Public Services and Private Utilities Anticipated Adverse Environmental Effects Ventura County Waterworks District No. 1 is the agency directly responsible for providing water to the proposed project. A portion of the development is presently not within the District boundary and the applicant is pursuing annexation of the entire property to the District. The District would provide water to the proposed project using existing water supply infrastructure. No upgrades would need to be made to existing well recovery and master distribution system lines. The Waterworks District also maintains sewer lines throughout the City. No major infrastructure extension is required to serve the proposed project. The project would not adversely affect treatment capacity and the projected project wastewater flows can be accommodated without expansion of the Water Works District treatment facility. For new development that is proposed to be connected to the District's sewer facilities, an application process is required to be completed and a sewer connection fee must be paid prior to initiating construction. Prior to issuance of a Will Serve letter, the Ventura County Waterworks District would be responsible for ensuring that adequate sewer main capacity exists to accommodate the new development prior to granting a permit for connection. No significant impacts to sewer infrastructure components are expected to result from approval of the project. Without contributing to funding improvements in educational facilities, implementation of the proposed SDI project and related commercial development could potentially impact educational quality, accelerate overcrowding at some schools, and otherwise diminish the capability of the existing District facilities to serve the present population of the City. These impacts would be attributable primarily to population growth or population relocation related effects associated with the development of manufacturing and commercial uses on the property. A method has not been developed either by the school district or by the State Board of Education to model the school facility impacts of future residential development associated with commercial and manufacturing projects. This is because population relocation factors related to commercial and manufacturing development are complex and difficult to predict. However, a formula for predicting the cost offset necessary to support school facility impacts related to commercial and industrial project has been established by the State Legislature; the assessment is currently set at .28 cents per square foot. The impacts of additional project specific demands on educational facilities are anticipated to be significant. Development of the proposed project would impact District facilities through the creation of demands for school facilities. c: \1- m \sdi \cega.fnd 33 8 -14 -96 Because most existing facilities are near capacity, accommodation of new pupils would require facility planning to accommodate project related growth. Based on the current fee of $ .28 per square foot, the SDI project will be required to contribute approximately $36,400 in fees to offset the indirect effects of the manufacturing development; when the commercial components of the project (on Lots 1 and 2) are constructed in the future, these developments will be required to make similar contributions based on the assessment in effect at the time building permit applications are filed. Buildout of the proposed project would not otherwise adversely affect educational quality since the payment of mandated mitigation fees would be used to offset project specific and cumulative effects on educational quality. Development of the project as proposed would ultimately result in the creation of two commercial and two manufacturing facilities. Typically, crime rates associated with manufacturing operations are very low since such facilities are not characterized by either a concentration of wealth or by retail or wholesale products or facilities. Therefore, the manufacturing developments proposed for Lots 1 and 2 are not anticipated to require any substantial additional police services, particularly if defensible space design concepts are incorporated into the plant facility and adjacent parking lot design. The ratio of officers to population in Moorpark is presently adequate (about .5 officer per thousand residents). As discussed in Chapter 13, the project may result in additional population growth related to new employment or relocation of existing employees to the City. The additional population growth may increase service demands slightly but not significantly. While development of the commercial aspects of the project (Lots 1 and 2) are expected to result in increased calls for service, the number or frequency of such calls is difficult to predict. With the implementation of proper security measures within future commercial developments and the incorporation of defensible space concepts into these developments (as conditions of approval of future commercial planned development permits), impacts on police and emergency services are anticipated to be insignificant. Not including green waste related to landscaping maintenance, at full buildout of Lots 1, 2, and 3, the proposed project is expected to generate approximately 21.6 tons per day of solid waste or 7,919 tons per year (before diversion); the majority of this waste would accrue from commercial operations on Lots 1 and 2. With implementation of all feasible diversion strategies, this rate could be reduced to 16.8 tons per day or 6,135 tons per year. Implementation of the proposed project would account for less than 2.8% of the permitted daily tonnage received at the Simi Valley Landfill. This landfill has sufficient capacity to serve the proposed project. The project specific and cumulative waste c: \1- m \sdi \cegaXhd 34 8 -14 -96 generation associated with this development would exceed County thresholds (a Class II impact). Development of the proposed project and projects within the service area for the Simi Valley Landfill would accelerate usage of the remaining 7.3- million -ton capacity at the Simi Valley Landfill. However, the Simi Valley Landfill currently receives only one -third of its permitted daily tonnage of refuse. Therefore, from the standpoint of sufficient capacity, the contribution of refuse from the project and other projects within the landfill's jurisdiction would not result in a significant cumulative impact on solid waste facilities. Nevertheless, County Solid Waste Management guidelines indicate that a project may contribute to potentially significant cumulative impacts if the rate of solid waste disposal rate exceeds 15 tons per year. Therefore, the project's contribution to cumulative solid waste problems in Ventura County would exceed thresholds. Findings The City disclosed in the EIR for the project that there was a potential for significant impacts on public services and utility providers. The impacts considered included (1) effects on the ability of domestic water service providers to continue to provide service to other users if the project is developed, (2) impacts on the collection and treatment of wastewater, (3) effects on educational quality and school facilities, impacts on police and emergency services, and effects on solid waste facilities and long -term waste disposal planning. On the basis of this information, changes to the project design were recommended and these modifications (including mitigation measures requiring the payment of fees, improved street system design and incorporation of defensible space concepts into the project site plan, incorporation of recycling and waste disposal economizing measures) were incorporated into a revised project description. Subsequently, the Project Description was formally amended and an analysis of the revised project was included in the Final EIR; a revised final set of Conditions of Approval was prepared to provide for mitigation of any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or c:\I-m\sdi\ceqa.fhd 35 8 -14 -96 substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)]. Rationale Mitigation of impacts to public service providers and utility companies involved both project redesign and the requirement to comply with mitigation measures as Conditions of Approval on the revised project. Mitigation relative to educational facilities will be accomplished through the payment of fees for both the residential units and the proposed recreational /commercial uses. Police and emergency service concerns were mitigated through the requirement to consult with the Moorpark Police Department in the design both of the layout and security content of the commercial and manufacturing spaces constructed on the property, and the incorporation of defensible space concepts into the project design. Solid Waste impacts will be offset through the creation and implementation of a Solid Waste Mitigation Plan and through the integration of recycling management concepts. Aesthetics, Visual Resources, and Community Design Anticipated Adverse Environmental Effects The State Route 23 -New Los Angeles Avenue Interchange Corridor The visibility of the project from this corridor would result in a completely different visual quality experience compared to existing conditions. Developments on Lots 1, 2, and 3 (the primary SDI facility proposed at this time) would be highly visible from the super - elevated State Route 23 through lanes, from the hook ramp serving northbound traffic, and from the east bound travel lanes along New Los Angeles Avenue. As the northbound State Route 23 traffic ascends the grade leading to the travel lanes of the highway, the project would come into view. Given the grade relationships and viewing distances within the surface road and highway travel lane network adjacent to the western perimeter of the proposed project, most of the development (nearly all of Lots 1, 2, and 3) would be highly visible from this view corridor. The modifications to existing conditions along this corridor resulting from implementation of the project include: (1) elimination of two of the three prominent topographic ridgepoles which are presently visible from this corridor and replacement of these ridges with industrial and commercial buildings and associated landscaping; c: \1- m \sdi \cega.fnd 36 8 -14 -96 (2) landform cuts and roadway improvements necessary to access the project site would result in the relocation of lanes around the New Los Angeles Avenue ramp, cutting of landforms immediately east of the northbound ramps, and creation of two commercial pads above and to the north and east of the existing ramp lanes; (3) landscaping treatment of the open space area in the portion of the hook ramp internal to the lanes and connection of this now barren area to a landscaped entrance to the City; (4) conversion of the native vegetation on the hillsides defining this view corridor to a landscaping treatment to support proposed architecture; (5) creation of a landscaped streetscape along an eastern extension of New Los Angeles Avenue which would rise steeply from the present grades to the commercial and manufacturing pads proposed for Lots 1, 2, and 3; (6) implementation of a landscaping screening program for Lot 3 which will, when trees have matured, effectively screen the SDI manufacturing facility from the view corridor; and (7) conversion of the view corridor from an open space to a developed condition. The period of visibility of the modified landforms, project entrance, and access roadway would be of modest duration from this corridor (10 to 20 seconds along State Route 23 and up to several minutes for eastbound traffic along New Los Angeles Avenue). Impacts associated with landform modifications along this view corridor were determined to be potentially significant and subject only to partial mitigation. The State Route 23 Corridor for North and Southbound Traffic The visibility of the project from this view corridor would be prolonged, depending on travel speeds. The components of the project that would be visible include: (1) landform cuts and grading remediation along a portion of the northern ridgeline defining the property boundary; (2) construction of major fill slopes, buttress walls, and other features related to slope stabilization and c:\1-m\sdi\ceqa.fhd 37 5 -14 -96 drainage that are necessary to render Lot 3 suitable for the proposed uses; (3) creation of an access road which would be cut into the mid -slope descent of this buttress fill would be clearly visible from this approach; (4) buildings situated on Lots 1 and 2 would be highly visible, particularly after the point of transition of SR -23 and SR -118 approaching the New Los Angeles Avenue Interchange and for eastbound traffic traveling along New Los Angeles Avenue towards the ramps; and (5) Any future development on Lot 4 would be visible from this view corridor, as would the extension of an access road proposed to link the flag area on Lot 3 with the main development area of Lot 3. The presently highly scenic rocky landforms around the oxbow of the Arroyo Simi and the associated oak woodland which inclines northward toward the freeway would both be very substantially modified; the oak woodland would be eliminated. The escarpment defining the edge of the riparian area would be graded to provide a suitable transition from the northern perimeter of the graded pads to the sheer cliffs which dominate the northwestern perimeter of Lot 1 and the northern perimeters of Lots 2 and 3. The ridge system and associated woodland defining the northern perimeter of the project would be significantly modified by this development. Therefore, the impacts along this view corridor related to the highway system and scenic approaches to the City were determined to be significant. The Virginia Colony /Campus Park View Corridor Some components of the project would be moderately visible from this view corridor. However, since the distances between the proposed project and Campus Park and the commercial properties south of Campus Park are substantial, the impacts of the development from public street view corridors in these developments would be minimized. For residents of the Virginia Colony (particularly along Avenida Colonia and the eastern extension of New Los Angeles Avenue), the impacts of the modifications described above would be considerable. The modifications to existing conditions along this corridor include: (1) landform cuts and grading remediation along a portion of the northern ridgeline defining the property boundary - -a considerable portion of the pad area to be created on c: \1- m \sdi \cega.fnd 38 8 -14 -96 Lots 1, 2, and 3 would be screened by existing homes and landscaping along the street system; (2) creation of major fill slopes, buttress walls, and other features related to slope stabilization and drainage that are necessary to render Lot 3 suitable for the proposed uses - -many of these features would not be visible or would only be partially visible due to the grade and elevation differences between the project and neighborhoods in the areas north of the project; (3) construction of an access road which would be cut into the mid -slope descent of this buttress fill would be clearly visible from this approach - -this road would be visible from the Virginia Colony and surrounding areas to the north; (4) buildings situated on Lots 1 and 2 would only be partially visible, due primarily to grade differences between the two areas; and (5) if constructed in the future as proposed, developments situated on Lot 4 would be visible from this view corridor as would the extension of an access road proposed to link the flag area of Lot 3 with the main development area of that lot. The period of visibility of the modified landforms, landscaping, buttress fills, and associated features of the project would be of modest duration from this corridor (5 to 20 seconds depending on vehicle speed, street orientation, and other factors). Impacts associated with landform modifications along this view corridor were determined to be potentially significant. Because no modifications are planned to the southern and eastern property ridgelines, view corridor changes would not significantly alter the community viewshed of this property for either foreground or background perspectives from the existing developments to the distant south and east. The most prominent ridgeline on the property will be preserved. Residents in the immediate vicinity of the project will experience some modification of open space views but these effects could be diminished by a number of design features including intensive, restorative landscaping and adherence to strict design control of portion of the development that would be visible along these corridors. Given the relatively high elevation of the proposed development in relation to surrounding properties, the project would be highly visible c:\l - m \sdAcega.f id 39 8 -14 -96 and would dominate open space views, a significant impact requiring considerable mitigation planning; however, even with mitigation, visual impacts are expected to result in a significant aesthetic change from existing conditions. The effective and intensive use of native landscaping, particularly on the northern perimeter of the development would at least partially diminish the sense of open space modification which would accompany buildout of this development. The loss of open space that would result from implementation of the project would be biologically significant, and from an aesthetic standpoint, this impact would also be significant, particularly from the vantage point of the developed portion of the city since two of the three dominantly visible ridgelines within the development would be removed. Overall, impacts to important public view corridors and the perception of open space were determined to be significant because: • While existing landscaping, grade differences, and commercial and residential structures interfere with the visibility of the project from many public view corridors north of the development, since the project is at a substantially higher elevation than surrounding areas, impacts due to landform modification and construction would be highly visible even from mid - ground and background views; • Even though the topography along the southern perimeter of the project would not be noticeably altered, from the west, north and northeast, the modifications to the property would be highly visible. These modifications include the elimination of a highly scenic ridge and valley system and replacement of these landforms and related vegetation with a buttress fill program involving the extensive use of retaining walls; • The project would be highly visible from State Route 23, intermittently from the southern approach of State Route 118, and from the New Los Angeles Avenue Interchange - -the changes from these view corridors would result in a complete transition of the visual environment from open space to an intensively built environment. The existing aesthetic environment surrounding the project is characterized by the amenities typically associated with open space: lighting in the area is of moderate low intensity and only partially interferes with perception of the night; ambient noise levels are generally moderately low (except along the SR -23 corridor); commanding views are present of the regional environment; there is only a modest sense of crowding. c:\1-m\sdi\ceqa.fiid 40 8 -14 -96 The only neighborhood that potentially would experience quality of life changes as a result of project development is situated along Avenida Colonia in the Virginia Colony. The areas around the Virginia Colony are presently in transition from residential, open space, or agricultural uses to commercial and manufacturing uses. Therefore, the project would not initiate any significant change in the immediate environment of these residences but it would contribute to the on -going transition of uses. Operations at the proposed project may have limited potential to result in impulse noises beyond the perimeter of Lot 3. Impacts on this neighborhood from increased noise, additional lighting, aesthetic changes, and the indirect effects of both manufacturing operations and commercial development could diminish the quality of life of residents in the Virginia Colony. These impacts and diminution of the amenities of residential experience would be limited to this residential area and would not extend into the Campus Park neighborhoods. The presence of a non - residential business park urban design form in the immediate project environment (extensive manufacturing and commercial areas around the Virginia Colony) have already created quality of life related incompatibilities between existing and proposed development. The impacts of the proposed project related to transformation of the surrounding environment are potentially significant impacts. Immediately surrounding properties north of the project may experience some significant change in quality of life related to this transformation. The community design and urban form proposed for the project would involve the creation of two potentially compatible types of development. The situation and orientation of the lots to be developed with commercial uses would be linear in pattern in relation to the existing street system; the manufacturing lot has been designed to be set back from the street system. This arrangement is an appropriate and suitable relationship between lot locations, the street grid, regional access concerns, and the degree of public exposure to the two types of uses. The relationships between the commercial and manufacturing lots are appropriate and suitable. The proposed project would be situated on a highly visible landform which is situated at one of the major entrances to the City. This prominent location is situated in an area dominated by three highly visible ridgelines. Only the most dominant southern and eastern ridges would be preserved in place; the remaining ridge and valley systems on the property would be leveled using rough grading techniques to provide three tiers of building pad, the largest of which would be devoted to manufacturing uses. Although the future commercial project architectural details are not sufficiently developed to permit analysis, this absence of completed planning provides an opportunity to develop the commercial lots within c:11- misdilcega.fnd 41 8 -14 -96 the project so that structures conform to the degree feasible with the City's Hillside Ordinance. Findings The City disclosed in the Final EIR for the project that there was considerable potential for significant impacts on aesthetics and visual resources. The impacts considered include (1) the visibility of the project along public view corridors, (2) modifications to open space perception, (3) the transformation of the rural landscape and quality of life impacts on surrounding properties, (4) community design and urban form, and (5) Hillside Management Ordinance considerations. On the basis of this information, changes to the project design were recommended and these modifications (including redesigning the grading plan, deletion of one buildable lot, significant redesign of the proposed landscaping program for the project, inclusion of requirements to complete oak woodland restoration, etc.) , were incorporated into a revised project description. Subsequently, the Project Description was formally amended and an analysis of the revised project was included in the Final EIR. Revised final Conditions of Approval were developed to mitigate any remaining impacts not offset by project redesign. Therefore, not only has the project been redesigned to avoid adverse effects, mitigation measures have also been required to offset any residual effects related to incomplete mitigation or inability to redesign the project completely to eliminate impacts. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)]. Rationale To address aesthetic concerns, changes were made to the Project as discussed on Pages 4 and 5 of these Findings. in the revised Project included: Cultural Resources Anticipated Adverse Environmental Effects One archaeological deposit is situated in an area that would be graded in the vicinity of proposed Lot 2; the deposit is also within the alignment of the proposed access road designed to serve the project. Due to geological conditions which would require very extensive excavation, c:\1- m \sdAcega.fnd 42 8 -14 -96 soil removal and re- compaction, this archaeological site would be unavoidably impacted by the development. This archaeological deposit was recorded in 1987 as part of an alternative alignment study for a modification of the SR -23 /SR -118 freeway connection. Preliminary results of the testing done in 1987 resulted in the definition of the deposit as very shallow (less than 25 centimeters). The assessment at that time was that the deposit represented "a small, limited activity area related to a major occupation area located nearby ". The array of activities that occurred at this site are considered limited and the archaeological record associated with the deposit is very diminutive. Most of the archaeological remains at this site were located on the surface. The surface deposit was left uncollected as part of the Phase II analysis, since it was not certain that the area would be developed as proposed until the Vesting Map is approved. The significance of the deposit to the regional understanding of prehistory, tribal history, and cultural evolution is very limited, since the archaeological remains present are in very low density and the range of activities carried out at the site do not appear to have left any record of residential or burial activities (the primary activities that render archaeological deposits important). While the site cannot be categorized as insignificant, the primary research values of the deposit will have been recovered fully once the surface artifacts on the site are collected, described, and mapped. Impacts to this archaeological deposit will be fully mitigated with completion of collection of surface artifacts and processing of materials collected as part of the Phase II testing program. Findings On the basis of the information contained in the EIR, a determination was made that some impacts to cultural resources will occur during construction. For this reason, once data recovery is complete at the one site where impacts are anticipated, construction monitoring during the initial phases of grading was recommended as a Condition of Approval. With implementation of a Phase III data recovery program and construction monitoring, requirements have been placed on the project which should assure that both anticipated and unanticipated effects on cultural resources which would result from development of the project will be mitigated. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)]. Rationale c: \1- m \sdi \cega.fnd 43 8 -14 -96 Data recovery at archaeological deposits that would be impacted by construction is a conventional mitigation measure imposed on projects when impacts are unavoidable. Cultural resources are also sometimes encountered in contexts similar to the proposed project (adjacent to a major riparian system in an area with abundant food resources of relevance to prehistoric communities) during construction activities even if no such resources are encountered during initial reconnaissance of a property. Therefore, mitigation planning has been recommended to assure that any cultural site encountered during grading is properly mitigated in accordance with Appendix K of CEQA. Paleontlogical Resources Antici-pated Adverse Environmental Effects Paleontological resources at the project site would potentially be adversely affected by grading and earthmoving activities. Disturbance of resources of high importance would result in loss of fossil remains and associated geologic data and loss of fossiliferous beds. Based on the literature search, consultation with paleontologists, and probability estimates for the recovery of fossil materials based on comparisons with other similar fossil locations, impacts to paleontological resources within the project are predicted to be significant. Based on the history of fossil production within the Sespe and Saugus Formations within and near the project boundary, these formations have a moderate to high potential for the discovery of significant fossils during the mass grading (and other earthmoving operations) ; the potential for fossil exposure during the initial phases of mass grading is likely. These grading operations would possibly result in the destruction of fossils, unless proper mitigation members are undertaken. The destruction of these fossils would represent an adverse impact on an understanding and interpretation of this region's paleontological resources and evolutionary history. This impact would be significant, because fossils from these units could provide information on the age of these formations. Additionally, they would supply information on the evolution and diversity of life in southern California during the region's geologic history. Therefore, the following measures are necessary to protect the region's paleontological resources. Findings On the basis of the information contained in the EIR, a determination was made that some impacts to paleontological resources will occur during construction. For this reason, construction monitoring during the initial phases of grading was recommended as a Condition of Approval. c:\I-m\sdi\ceqa.fnd 44 8 -14 -96 With implementation of a fossil data recovery program and construction monitoring, requirements have been placed on the project, which should assure that both anticipated and unanticipated effects on paleontological resources will be mitigated. Therefore, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 {a }(1)]. Rationale Paleontological resources are sometimes encountered in contexts similar to the proposed project; limited fossil recovery occurred during the initial geologic testing of the property. The recommended data recovery measures proposed in the EIR and as Conditions of Approval will mitigate the paleontological impacts of grading and earthmoving at the proposed SDI Project site. Therefore, mitigation planning has been recommended to assure that any fossil site encountered during grading is properly mitigated; cost limitations set forth in CEQA Appendix K are proposed to apply to this data recovery work. Insignificant Effects Findings and Rationale The agricultural potential of the soils within the SDI Project property are not impressive; soils have been ranked as poor to unsuited for agricultural use by the Soil Conservation Service and the absence of historic records of agricultural use substantiate this finding. A small portion of the property is designated Farmland of Local Importance consistent with the very limited distribution of Garretson loam which is confined to the stream terraces above the Arroyo Simi adjacent to the flag area portion of Lot 3. Based on City land use classifications, the site is not proposed to be retained in agricultural production. Because the property is not in agricultural production and therefore is not a part of the local agricultural economy, State Department of Conservation farmland designations are not applicable. Further, the City has not identified the project site as part of its agricultural resources and has not applied the corresponding land uses classifications and conflicts with agricultural land preservation would not occur if the project is approved. Therefore, based on all of these criteria, the impacts of converting the proposed property to urban uses would not result in significant effects. Light and glare related impacts associated with conversion of the property from open space to a developed condition will be mitigated fully c: \1- m \sdi \cega.fnd 45 8 -14 -96 through the imposition of lighting restrictions. The applicant has agreed to modify the Project Description to include such restrictions. Alternatives As required by CEQA, the consultant evaluated several alternatives to the project as proposed. These alternatives included: Alternative l: No Project Alternative 2: Reduced Manufacturing Facility Size (150,000 square feet) Alternative 3: Deletion of Lot 4 and use of Commercial Lot 2 for Manufacturing Facility Expansion Alternative 4: Revised vesting Map and Modified Project Alternative Alternative 5: Alternative Locations The environmentally superior alternative was defined as a project with the following dimensions and attributes (all references to lot numbers are to the project described in the Draft EIR, not the revised project). The Draft EIR text recommended: "(1) Building Square Footages and Configuration: The primary modification that this alternative would make in the site plan would be the deletion of Lot 4 and the creation of a consolidated, multi -level manufacturing plan on a combined Lot 2 and 3 property. The site design for the project could be modified to concentrate all developable square footage over areas on Lot 3 without deep alluvium (which is expensive to remediate) and areas without the potential for slope failure or liquefaction. This combination of facilities should be designed to place all primary manufacturing activities on Lot 3 necessary for full SDI development over the next 10 to 15 years (about 300,000 square feet). Subsoil conditions and building dimension constraints and other factors may require partitioning some uses from the main manufacturing area (e.g., a separate cafeteria and shipping and completed product storage area may be required and the hazardous materials storage c: \1- m \sdi \cega.fnd 46 8 -14 -96 areas and blending facilities would still need to be set back from manufacturing areas). (2) Lot 2 Development Options: Commercial /Office /Mixed Use Development on Lot 2: If all or nearly all manufacturing development can be accommodated on a reconfigured Lot 3, then Lot 2, which is currently proposed to be dedicated to commercial uses, could either be converted completely to parking for the facility on Lot 3 (with tram linkage of the two areas if adequate parking cannot be located on a revised Lot 3 pad) or the office functions proposed for Lot 3 could be placed on Lot 2 and the Lot could be retained as a separate entity. If some functions need to be relocated from the primary manufacturing area on Lot 3, this relocation can provide opportunities. For example, the SDI offices could be placed in a separate office facility on Lot 2 (or on the Lot 2 area) which could include additional leasable office space (or even limited commercial on the lower floor below a multi - floor office building). In this way, for the costs of bridging the Arroyo Simi to Lot 4, an entire office facility with leasable space could be developed. (3) Permitted Commercial Development on Lot 1: The total allocation of commercial square footage for Lot 3 could be increased to the degree acceptable to the City. For the purposes of this analysis, the recommended square footage for Lot 1 would be about 133,000 (floor area ratio of .35). This ratio could be somewhat increased in the entitlements without compromising good design, adequate parking, and landscaping. (4) Other Lot Reconfigurations: Lot 3 would still have an area of slope instability but no construction would be proposed in this slope area. No access road extension would be required across the unstable slope area. Construction of all basic improvements (including grading) would occur at this time rather than in two major phases. Lot 5 could be reconfigured slightly to increase pad area for Lot 3. Lot 10 should be deleted and access to revised Lots 1, 2, and 3 should be shown as an easement. (5) Lots Set Aside for Open Space and Conservation: Under this alternative, Lot 4 would be included in the c: \1- m \sdi \cega.fnd 47 8 -14 -96 conservation easement area proposed for Lot 5. Lots 4 and 5 would be combined into an open space preserve. The woodlands on Lot 4 would be designated as the oak woodland biological remediation area to compensate for the destruction of significant, valuable habitat to be destroyed as part of Lot 1, 2, and 3 construction. The Draft EIR concluded that the alternative outlined above would meet the applicant's objectives without the development of Lot 4, an undertaking that appeared to be both financially and technically infeasible. This alternative would have resulted in impact reductions in all non - population dependent impacts (biology, cultural resources, etc.) and represented a slight reduction over the square footage now requested by the applicant. This reduction, however, is limited to the more speculative parts of the SDI proposal (commercial facilities). The basic objectives of establishing an important entryway to the City with a potential mixed use building on the area included in Lot 2 and a major commercial facility on Lot 1 would still be accomplished. This alternative required analysis by the applicant to confirm the feasibility of placing about 330,000 square feet of facility on one expanded parcel. The suggestions were not all implemented by the applicant in the redesign of the project. However, the modifications made by the applicant significantly reduced the environmental impacts of the project. After consideration of inputs from the EIR consultants, City Staff, and the applicant's engineers, the Project modifications listed on Pages 4 and 5 of these Findings were incorporated into a revised Project Description. Given the scope of the changes, the applicable finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (CEQA Section 15091 (a )(1)J. Rationale The primary attributes of the revised project include: (1) A decrease and consolidation of the number of developable parcels; (2) An increase in the number of parcels to be placed in open space conservation easements or similar restrictions or dedications; (3) A limitation on the development of the remaining manufacturing portions of the project to the boundaries of the proposed building footprints unless the geotechnical, fire safety, ingress /egress and c:\1-m\sdi\ceqa.fhd 48 8 -14 -96 water supply problems associated with an expansion of use can be resolved to the City's satisfaction; and (4) Modifications to the Conditions of Approval for the project (through the preparation of revised conditions and a Development Agreement) which in some cases improve upon and in other cases diminish the level of environmental protection afforded the resources within the project boundary (refer to the revised Conditions of Approval in Chapter 23). A review is provided on a case by case basis of the environmental consequences of amending the project description as proposed by the applicant. The analysis permits the general conclusion that the revised project alternative reduced the impacts of the project significantly. Geologic and Seismic Hazards Impacts associated with rough grading, landform modification, slope stability, and all types of soil disturbance typical of mass graded projects would be less than the project as proposed since the actual surface area to be graded would decrease slightly (at least for Phase I of the project) . The proposed linkage between Lots 3 and 4 proposed under the original project would not need to be constructed for the amended project. In fact, proposed Conditions of Approval prohibit the development of the previously proposed Lot 4 (now referred to as the flag area of Lot 3) until or unless all access, fire protection, geotechnical, biological and other resource impacts are fully assessed in the future, once a specific proposal for access to this area is provided by the applicant. A less extensive road system would be required with the smaller revised project. Slope stabilization requirements would be decreased in several areas since development of the flag area of Lot 3 would not occur. While the manufacturing facilities still would be situated in areas characterized by unstable slopes, expensive remediation would be diminished, particularly for the access road connection between the flag area of Lot 3 and the main development area of that lot. No bridge or infrastructure extensions would be required over the Arroyo Simi to serve the flag area of Lot 3. All impacts associated with proposed rough grading, the potential for disruption of manufacturing operations due to seismically induced slope failures, and potential downstream hydraulic and debris transport impacts would be reduced with this alternative. Air Quality Impacts Operational impacts associated with the project would be somewhat reduced with this alternative because the total developable square footage for manufacturing and commercial uses would be reduced modestly. c: \1- m \sdi \cega.fnd 49 8 -14 -96 to install. Decreased retention basin sizing would occur with this option. The impacts of this alternative would diminish compared to the project as proposed regarding all aspects of water management and drainage. Biological Resources The revised project represents a more favorable alternative from a biological resources standpoint, since it includes elimination of prior Lot 4 and proposed incorporation of several other lots (now lettered) either into conservation easements, or areas of land dedication to the City. The revised project is also a more desirable alternative to the project as proposed from the standpoint of biological resources, since the size of the area to be impacted by grading could be reduced. Under this alternative, the expectation is that nearly 50 or more acres of native vegetation that would be impacted by the project could be set aside for conservation purposes. Noise This alternative would not result in a significant departure from the anticipated noise impacts of the project as proposed. However, because square footage reductions are proposed within the project boundary for Lot 3 (Phase I) , some (though not a measurable) reduction in noise generation would result from decreased traffic volumes. The noise impacts of the alternative would probably be less significant than the impacts anticipated under the project as proposed; however, construction noises are anticipated to be approximately equal for the proposed and revised projects. Regardless of what project is constructed, Conditions of Approval have been proposed that would reduce the potentially long- term significant impacts of the project (associated with impulse noise) to insignificant levels. The revised project and the originally proposed project would result in similar noise impacts. Fire Hazards While the decrease in square footage of building area that would result from this alternative may decrease fire risks marginally, essentially this alternative would result in very similar fire risks characteristic of the project as proposed. With the addition of native habitat buffers between the project and residential neighborhoods to the north (by not developing the flag area of Lot 3), there would be a limited decrease in wildland- manufacturing facility interface area that could, if properly managed, somewhat decrease fire potential. Risk of upset conditions would probably not change appreciably under this alternative. For fire c: \1- m \sdAcega. hd 51 8 -14 -96 hazard issues, the impacts of the proposed project and the revised project are similar. A substantial number of Conditions of Approval relative to fire safety and wildland fire prevention (as well as management of hazardous materials) have been included in the project conditions. Management of risks related to fire and upset conditions would not change appreciably for the revised project. Population, Housing and Jobs:Housing Balance The impacts of the project and the alternative are not significantly different than the project for issues related to housing markets, population growth, and job formation potential. The originally proposed and revised projects would both assist in rectifying the present imbalance between job and housing availability in the City. Both the original and revised projects would substantially improve the present jobs:housing balance. Transportation and Circulation The alternative would result in a reduction in off -site street system impacts attributable to the diminished square footage available for manufacturing use during Phase I development; further, given the relatively low probability of solving critical access and geotechnical issues for the remainder of Lot 3 in an economic manner, full buildout of the project as originally proposed is a low probability outcome. Therefore, the proposed traffic and transportation improvements, particularly at the SR -23 /New Los Angeles Avenue interchange, would more than offset any long -term cumulative impacts that may result from the project. The basic structure of the proposed modifications for the SR- 23 /New Los Angeles Avenue interchange would not change appreciably under this alternative. However, the decrease in fees associated with a smaller project could contribute to funding shortfalls for various regional improvements to be funded by the proposed City -wide Traffic Mitigation fee and Los Angeles Avenue Area of Contribution fee. From a transportation planning and impact standpoint, this alternative is superior to the project as proposed. Since a reduction is likely to occur in the total number of trips associated with development of manufacturing square footage, the off -site impacts of the project on the surrounding street system (road capacity and intersection impacts) would decrease slightly over what is anticipated for the project. Public Services and Private Utilities Since a decrease is likely to occur in the square footage of the project as a whole, the impacts of the alternative would be reduced c:\I-m\sdi\ceqa.fhd 52 8 -14 -96 correspondingly for this alternative but only slightly compared to the project as proposed. Basic public service and private utility impacts however would not change significantly; all required extensions would still need to be made for both the project and the alternative and all service providers would need to serve either project. These impacts are typically population dependent and the basic working population to be situated on the property would be reasonably similar for both undertakings. Therefore, the amended project would not result in a significant decrease in demand on public services. Aesthetics, Visual Resources, Community Design From the standpoint of community design and project layout in relation to environmental constraints, this alternative could very significantly reduce hazard constraints, diminish the disruption of present open space, and improve the appearance of the project in two ways: by providing more open space and by diminishing the number and size of proposed structures. The most significant change would result from deletion of Lot 4 and concentration of uses on Lot 3. Of greatest significance from an aesthetic standpoint, the amended project would result in the short and long -term preservation of open space on the reconfigured Lot 3, probable elimination of the need for a bridge over the Arroyo Simi, and the probable elimination of an unsightly access road across a 100 -foot fill area facing the Campus Park and Virginia Colony residential areas. For these and other reasons, this alternative is considered an improvement in community planning compared to the project as proposed. Cultural Resource and Paleontological Impacts Both the project and the alternatives would result in large areas of rough grading (more than 1 million yards for both options) and therefore impacts to Paleontological formations on the property are likely to be similar under both options. In addition, the cultural resource site to be impacted by the development is situated in a location that would need to be removed, recompacted and graded for two reasons: no access road system can be developed without impacting the site (given its close proximity to New Los Angeles Avenue) and the area within Lot 2 (adjacent to the site) would require an alluvial removal to create a developable building pad). In summary, the revised project alternative decreases impacts in nearly all categories of significant environmental effect and in several other categories the revised and originally proposed projects would result in comparable effects. From the standpoint of urban form, hillside protection, community planning, environmental protection, hazard reduction, and project density perception, the amended project is superior to the project as proposed. The amended project basically meets c:\1-m\sdi\ceqa.fhd 53 8 -14 -96 all of the applicant's Phase I development objectives for manufacturing expansion and commercial development (lot and development right sale to assist in defraying the costs of manufacturing facility development). c:\I-m\sdi\ceqa.fnd 54 8 -14 -96 Attachment C Resolution Number 96- STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SPECIAL DEVICES, INC., PROJECT (GENERAL PLAN NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, IPD PERMIT NO. 95 -2, AND DEVELOPMENT AGREEMENT NO. 96 -1) Legal Requirements The California Environmental Quality Act (CEQA) section 15093 requires the preparation of a Statement of Overriding Considerations when the decision of a public agency to approve a project allows the occurrence of significant effects which are not at least substantially mitigated. The Final EIR for the Special Devices Incorporated Project identifies four environmental effects for which a Statement of Overriding Considerations must be prepared (short term construction air quality impacts, long term air quality impacts, cumulative effects on biological resources, and visual resource impacts). In brief, Overriding Considerations are required for all significant adverse impacts which cannot be fully mitigated or avoided. Thresholds of significance for determining if an environmental effect is adverse or unavoidable are defined in CEQA, City Guidelines implementing CEQA, and in County thresholds and standards related to regional environmental effects for which the County is the Responsible or Trustee Agency (e.g., air quality, water quality). Impacts for Which Overriding Considerations are Required Based on the information contained in the Final EIR, significant unavoidable environmental effects requiring a Statement of Overriding Consideration were identified for the following impacts: (1) Construction related air quality effects, including the dispersion of particulate matter resulting from mass grading and the generation of nitrogen oxides, sulfur dioxide, and other ozone precursors from vehicles to be used in this grading program, would generate significant amounts of pollution in the regional airshed. c: \1- m \sdi \cega.soc 1 8 -14 -96 (2) The long -term vehicle emissions related to the occupation and use of both manufacturing and commercial facilities would contribute to a long -term decline in the quality of the regional airshed. Even with the imposition of mitigation measures, from a cumulative perspective, the project's effects cannot be successfully offset; moreover, the long -term emissions predicted for the development would exceed air quality thresholds established by the Air Pollution Control District, the regional agency assigned the responsibility for assuring proper management of the airshed. (3) Project buildout would result in unavoidable impacts to about 40 acres of various sensitive vegetation communities and associated protected faunal species; construction may also indirectly impact several acres of riparian habitat along the Arroyo Simi. These resources all satisfy criteria used to define significant rare or sensitive habitats. Furthermore, a substantial portion of the land around the perimeter of the project would need to be cleared and modified for fire protection purposes, further diminishing the potential for retaining existing native plant communities as viable ecologic units. Implementation of the project is estimated to impact a total of between 40 and 60 acres of habitat including substantial impacts to oak woodlands. The adverse effects resulting from modifications to sensitive habitats and plant communities will be unavoidably significant. Implementation of the project will contribute significantly to the gradual, potentially inevitable, elimination of several plant communities as an existing, viable habitat. Loss of sensitive faunal species associated with several types of on -site vegetation communities is also anticipated. (4) The visual resource effects related to the construction of the proposed project will result in permanent modifications to the landforms within the project boundary. The project will involve substantial mass grading which will result in filling a canyon adjacent to the Arroyo Simi, elimination of a prominent landform central to the property, and modifications to the landscape along prominent view corridors in the eastern part of the City. Although revegetation of the graded area is planned, the scope of grading will irreversibly modify the existing natural environment and open space within and adjacent to the project boundary. Overriding Considerations are defined as those features of a project that rationalize project approval despite the inability to develop sufficient, feasible environmental mitigation measures. The Overriding Considerations for the Special Devices Incorporated Project are: c: \1- m \sdi \cega.soc 2 8 -14 -96 (1) The proposed project will permit the construction of one manufacturing and two commercial properties which will provide needed employment for City residents. The City presently does not have a suitable balance between residential and employment opportunities, a deficiency that the project will, at least in part, remedy. Provisions in the Development Agreement for the SDI project require that substantial local employment of Moorpark residents be achieved during the first several years of operation. Employment will also be generated once commercial projects are developed on the two proposed commercial lots. At this time, the City's employment base is decidedly non -local and residents often must travel considerable distances to avail themselves of employment opportunities. The availability of increased employment opportunities within the City will reduce regional air quality impacts by shortening commute times and distances to employment locations situated outside of the City. (2) The project will involve the dedication of a very substantial amount of land to conservation purposes. More than 300 acres of land will be placed in permanent Conservation Easement (with perpetual dedication of development rights). Several of the most significant, rare, and unique resources within the property boundary will be within the boundary of the Conservation Easement. Protection of both cultural resources and rare plants and associated special interest fauna will be achieved by the creation of the Conservation Easement. (3) A major capacity increasing improvement of the State Route 23 /New Los Angeles Avenue interchange will be funded by the project applicant. This important improvement will provide an improved interchange ramp design which will accommodate future development within the City. Once implemented, the reconstruction of this interchange will provide enough future capacity that no additional improvements to this interchange will be required to accommodate General Plan buildout within the City. In addition, portions of the State Route 23 /New Los Angeles Avenue offramp will be landscaped and upgraded visually to provide an attractive entrance to the City. (4) The restoration of the landforms within the project boundary (after mass grading) will involve substantial replacement planting with native species, restoration of riparian vegetation adjacent to the Arroyo Simi, and substantial restoration and enhancement of oak woodlands situated above the Arroyo Simi along the northern perimeter of the project boundary. This restoration program will contribute to the long -term viability of oak woodlands within the City. Presently, due largely to historic grazing activities, the c: \1- m \sdi \cega.soc 3 8 -14 -96 oak woodlands within the project boundary are not sufficiently self - propagating and the proposed restoration program and the elimination of grazing will contribute to the ultimate improved viability of oak woodland habitat along the Arroyo Simi. (5) The project will provide important economic and job formation opportunities for both short -term employment in the construction trades and long -term employment in the services and maintenance sectors of the local economy. The balance between jobs and the housing in the City reflects a shortage of employment opportunities, particularly for service and maintenance sector employees, and the approval of the project will contribute to a gradual reversal of this trend. The project will also create indirect financial benefits to existing businesses in the City through the increased use of local services and facilities. (6) The approval of the project will provide the opportunity for a type of retail development that is currently unavailable in the City (freeway - oriented commercial uses). (7) The overall economic benefits of the project for the City will involve a source of long -term revenue that will enhance the City's General Fund. Fewer methods exist for providing General Fund revenue now than in the past and the provision of an income stream to the City resulting from the anticipated sales tax revenues associated with freeway commercial oriented development will make a valuable contribution to funding important capital improvements and /or services that would otherwise be unavailable to the City's residents. (8) Comprehensive mitigation measures have been developed for impacts that were identified in the Final EIR the project. All physically and technically feasible mitigation measures have been imposed on the project. c: \1- m \sdi \cega.soc 4 8 -14 -96 ATTACHMENT 2 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 95 -1, VESTING TENTATIVE MAP NO. 5004, AND INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2, FOR THE SPECIAL DEVICES, INC. PROJECT WHEREAS, at a duly noticed public hearing on August 14, 1996, and a continued meeting on August 21, 1996, the City Council considered the application filed by Special Devices, Inc., for General Plan Amendment No. 95 -1, Zone Change No. 95 -3, Vesting Tentative Tract Map No. 5004, and Industrial Planned Development (IPD) Permit No. 95 -2 for a 297.92 -acre site located within the Moorpark Area of Interest in Ventura County and the City of Moorpark, directly east of the State Route 23 and New Los Angeles Avenue interchange, Assessor Parcel Numbers 500 - 350 -145 and 513- 050 -085; and WHEREAS, the Special Devices, Inc., Project is more specifically described as follows: General Plan Amendment No. 95 -1 - Amendment of Exhibit 3 of the General Plan Land Use Element to revise the General Plan land use designation for Vesting Tentative Map No. 5004 Lots 1 and 2 (11.52 acres) from Open Space 2 to General Commercial, for Lot 3 (39.86 acres) from Open Space 2 to Medium Industrial, for Lot 4 (10 acres) from Floodway and Open Space 2 to Open Space 1, for Lot C (15.66 acres) from Open Space 2 to Open Space 1, and for the portion of Lot A located in the County of Ventura (56.84 acres), to designate that area as Open Space 2 (reference Attachment A for exhibit showing revised General Plan land use designations) ; Zone Change No. 95 -3 - Requires adoption of an ordinance to revise the project site zoning for Vesting Tentative Map No. 5004 Lots 1 and 2 (11.52 acres) from Open Space (OS) -40 Acres to Commercial Planned Development (CPD) , for Lot 3 (39.86 acres) from OS -40 Acres to Limited Industrial (M -2), for Lot 4 (10 acres) from OS -40 Acres to OS, for Lot B (22.95 acres) from OS -40 Acres to OS, for Lot C (15.66 acres) from OS -40 Acres to OS, for Lot D (11.98 acres) from OS -40 Acres to OS, and for the portion of Lot A located in the County (56.84 acres), to pre -zone that area as OS -40 Acres; Vesting Tentative Map No. 5004 - Subdivision of the 297.92 -acre project site into eight lots, consisting of Lots 1 through 4 and Lots A through D; c: \1- m \sdi \cc- proj.res 8 -16 -96 Resolution No. 96- Page 2 Industrial Planned Development Permit No. 95 -2 - An IPD Permit has been requested for Lot 3 to allow construction of an initial manufacturing facility totaling 131,200 square feet; and WHEREAS, at a duly noticed public hearing held on June 10, 1996, and continued public hearings on July 1, and July 15, 1996, the Planning Commission considered the application filed by Special Devices, Inc., received and considered public testimony from all those wishing to testify, closed the public hearing for the project and adopted Resolution No. 96 -322 recommending approval of the Project on July 15, 1996; and WHEREAS, the City Council on August 21, 1996, certified a Final Environmental Impact Report (EIR) for the SDI Project as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Procedures, and adopted a Mitigation Monitoring Program, EIR Findings, and a Statement of Overriding Considerations; and WHEREAS, the City Council after review and consideration of the information contained in Planning Commission Resolution No. 96 -322, staff reports, certified Final Environmental Impact Report, Mitigation Monitoring Program, EIR Findings, Statement of Overriding Considerations, and public and staff testimony, reached its decision on the matter on August 21, 1996; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby makes the following findings: General Plan Amendment Finding The approval of General Plan Amendment No. 95 -1 is consistent with the goals and policies of the Land Use Element, as well as consistent with the other elements of the City's General Plan. Zone Change Finding Subject to approval of General Plan Amendment No. 95 -1, the approval of Zone Change No. 95 -1 is consistent with the City's General Plan. Subdivision Map Act Findings The City Council finds that the Tentative Vesting Map, with imposition of the attached conditions of approval, meets the requirements of the Government Code Sections 66412.3, 66473.1, c: \1- m \sdi \cc- proj.res 8 -16 -96 Resolution No. 96- Page 3 66473.5, 66474, 66474.6, and 66478.1 et sea, and the City's Subdivision Ordinance, as follows: 1. The proposed Vesting Tentative Map is consistent with the intent and provisions of the City's General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The project site is physically suitable for the type of development proposed. 4. The project site is physically suitable for the proposed density of development. S. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, with incorporation of EIR mitigation measures. (Adoption of a Statement of Overriding Considerations is required.) 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. Discharge of waste from the proposed subdivision into the existing community sewer system would not result in violation of existing water control requirements under California Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 10. The design of the subdivision provides to the extent feasible, future passive or natural heating or cooling opportunities. 11. The effect of this action upon the housing needs of the region has been considered and balanced against the public service needs of City residents and available fiscal and environmental resources. c: \1- m \sdi \cc- proj.res 8 -16 -96 Resolution No. 96- Page 4 Industrial Planned Development Permit Findings 1. The proposed industrial project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2. The proposed industrial project is compatible with the character of surrounding development. 3. The proposed industrial project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed industrial project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed industrial project is compatible with existing and planned land uses in the general area where the development is to be located. G. The proposed industrial project is compatible with the scale, visual character and design of the surrounding properties, is designed so as to enhance the physical and visual quality of the community, the proposed structures will have design features which provide visual relief, and open space has been incorporated to provide separation between land uses of conflicting character. 7. The Planning Director has recommended approval of the proposed maximum building height of 41 feet. SECTION 2. The City Council hereby approves General Plan Amendment No. 95 -1, to Exhibit 3 of the General Plan Land Use Element to revise the General Plan land use designation for Vesting Tentative Map No. 5004 Lots 1 and 2 (11.52 acres) from Open Space 2 to General Commercial, for Lot 3 (39.86 acres) from Open Space 2 to Medium Industrial, for Lot 4 (10 acres) from Floodway and Open Space 2 to Open Space 1, for Lot C (15.66 acres) from Open Space 2 to Open Space 1, and for the portion of Lot A located in the County of Ventura (56.84 acres) that is proposed for a Sphere of Influence amendment and annexation from the County, to show a land use designation of Open Space 2 (reference Attachment A for exhibit showing revised General Plan land use designations). SECTION 2. The City Council hereby conditionally approves Vesting Tentative Map No. 5004, subject to compliance with all of the conditions attached hereto as Attachment B, including mitigation measures identified in the adopted Mitigation Monitoring Program. c: \1- m \sdi \cc- proj.res 8 -16 -96 Resolution No. 96- Page 5 SECTION 3. The City Council hereby conditionally approves IPD Permit No. 95 -2, subject to compliance with all of the conditions attached hereto as Attachment C, including mitigation measures identified in the adopted Mitigation Monitoring Program. PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF AUGUST, 1996. Paul W. Lawrason Jr., Mayor ATTEST: Lillian E. Hare, City Clerk Attachments: A. Exhibit Showing Revised General Plan Land Use Designations B. Vesting Tentative Map No. 5004 Conditions of Approval C. IPD Permit No. 95 -2 Conditions of Approval c: \1- m \sdi \cc- proj.res 8 -16 -96 OS -2 TO C -2 General Plan Amendment No. 95 -1 - Amendment of Exhibit 3 of the General Plan Land Use Element to revise the General Plan land use designation for Vesting Tentative Map No. 5004 Lots 1 and 2 (11.52 acres) from Open Space 2 to General Commercial, for Lot 3 (39.86 acres) from Open Space 2 to Medium Industrial, for Lot 4 (10 acres) from Floodway and Open Space 2 to Open Space 1, for Lot C (15.66 acres) from Open Space 2 to Open Space 1, and for the portion of Lot A located in the County of Ventura (56.84 acres) , to designate that area as Open Space 2. Attachment A ,m� o im' roa• gym' �' zvr r' . fav' GENERAL PLAN AMENDMENT 95 -1 (SDI) RESOLUTION N0. 96- Attachment B VESTING TENTP'IVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 VESTING TENTATIVE MAP NO. 5004 CONDITIONS OF APPROVAL (Mitigation measures are identified by italic type in the following conditions.) I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. Vesting Tentative Map No. 5004 is approved for the land and project identified as Special Devices Incorporated: General Plan Amendment No. 95- 1, Zone Change No. 95 -3, and Industrial Planned Development Permit No. 95- 2. The location and design of all site improvements shall be as shown or described in the application (including technical reports), on the approved Vesting Tentative Map (Sheets 1 and 2, dated 1 1996) , except or unless indicated otherwise herein in the following conditions, including mitigation measures. No development, including any grading, building, or other use, shall be allowed for the northeast portion of Lot 3 (flag area) until additional environmental review has been completed and a new Industrial Planned Development (IPD) Permit has been approved by the City. City Regulations 2. The conditions of approval of Vesting Tentative Map 5004 and all provisions of the Subdivision Map Act, City of Moorpark Zoning Code and adopted City policies, procedures, and standards supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Other Acrency Recrulations 3. All applicable requirements of any law or agency of the State, County, and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules, standards, or guidelines apply, the stricter standard shall take precedence. Acceptance of Conditions 5. Recordation of this subdivision shall be deemed to be acceptance by the Subdivider, and his heirs, assigns, and successors of the conditions of this Map. Reference Conditions of Approval on Final Ma DST: c: \1-M\sdi\cc-cond.vtm 1 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 6. A notation which references approved Conditions of Approval shall be included on all phases of any Final Map in a format acceptable to the Director of Community Development. Severability 7. If any of the conditions or limitations of this subdivision are held to be invalid by a court of competent jurisdiction, that holding shall render this Vesting Tentative Map null and void at the discretion of the City. &Miration of Vesting Tentative Map B. This Tentative Map shall expire three (3) years from the date of its approval. Upon application of the Subdivider, filed at least 30 -days prior to the expiration of the conditionally approved Tentative Map, the City Council may, at its discretion, extend the Tentative Map for a period or periods not exceeding a total of three (3) years, if there have been non - significant changes to adjacent land uses and if the Subdivider can document that due diligence has been extended towards completion of map recordation during the initial 3 year period of map approval. Subdivider Defense Costs 9. The Subdivider agrees as a condition of issuance and use of this permit to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the IPD Permit, which claim, action or proceeding is brought within the time period provided therefore by the Government Code Section 66499.37. The Subdivider will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of any obligation under this condition. Title Report 10. The Subdivider shall submit to the Department of Community Development and the City Engineer for review and approval a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Sphere of Influence Amendment and Annexation 11. Prior to Final Map approval, the Subdivider shall process and receive approval of a Sphere of Influence amendment and annexation, from the Local Agency Formation Commission (LAFCO), for the approximately 56.84 -acre DST:c: \1- M \sdi \cc- cond.vtm 2 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 portion of Lot A that is within the unincorporated area of Ventura County. This requirement shall be waived, if LAFCO determines that the adjustment to the City's jurisdictional boundary can be made as a correction, without requiring Sphere of Influence amendment and annexation approvals. Image Conversion 12. Upon recordation and prior to the first occupancy for each phase, the Subdivider shall provide to the City an image conversion of Final Map No. 5004 any associated building, grading, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Outstanding City Case Processing Costs 13. The Subdivider shall pay all outstanding City case processing and environmental impact report related costs, prior to initiation of condition compliance review for approval of a grading permit, Final Map, or Zoning Clearance for any phase, and prior to submission of any plans for Building Inspector or City Engineer plan check. Zoning Clearance 14. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. The request for Zoning Clearance shall be accompanied by three complete sets of all applicable construction plans. Hold Harmless Agreement 15. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Modifications 16. Apr; mar .,.3.r#.ii�it�n3wsr,9,,.;avA3r+ Gxe ..Any ctl ;changes to the Vesting Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Zoning Code and Subdivision Ordinance. Vehicle and Municipal Code Enforcement for Private Streets DST:c: \1- M \sdi \cc- c0nd.vtm 3 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 17. Prior to opening the private streets for public use, the Subdivider shall request the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. Irrevocable Offer of an Easement for Landscaping Maintenance 18. Prior to Final Map approval for any phase, the Subdivider shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to private roadways and slopes facing State Route 23 that are required to be landscaped. The Subdivider shall also offer to dedicate access easements to the City of Moorpark over all private streets to provide access for maintenance of landscaping and drainage improvements. Should the Owner's Association fail to maintain the street and parkway landscaping, including landscaping on all manufactured slope areas adjacent to private streets and facing State Route 23, and any associated drainage, in a satisfactory manner, these areas, or portion thereof, shall be placed, at the City's option, in a City assessment district. The total cost of formation of an assessment district or annexation to an existing assessment district and the maintenance provided by the assessment district for the areas described above, including the cost of converting irrigation systems or other required work, shall be borne by the property owners within the entire Vesting Map No. 5004 area, as determined by the City. The Subdivider shall record a covenant to inform the purchasers of all of the affected lots of this potential action. Conditions, Covenants and Restrictions (CC &R's) 19. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing an Owner's Association shall be prepared. The CC &R's for the Owner's Association shall identify all Common Maintenance Areas within the boundaries of Vesting Map No. 5004, including maintenance of private streets, street and parkway landscaping, all manufactured slope areas adjacent to private streets and facing State Route 23, any slope directly affecting drainage or street facilities, any common - shared driveways, all storm drains, and any fencing or walls within common areas.( }''' CC &R's to Include Applicable Conditions of Approval 20. The CC &R's shall also include all Vesting Tentative Map and IPD Permit conditions of approval, that have been identified by the Director of Community Development for inclusion. Review of Draft CC &R's 21. The draft CC &R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to DST:c: \1- M \sdi \cc- cond.vtm 4 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 approval of the first phase of the Final Map by the City Council, and the Subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to sale of any lots, the CC &R's shall be recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. Modification of CC &R's 22. The Owner's Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Vesting Tentative Map No. 5004, and IPD Permit No. 95 -2. Sixty (60) days notice must be given to the City of the intent to modify CC &R's. Further, it is the sole responsibility of the Owner's Association to enforce the CC &R's. Owner's Association Responsibility for "Common Maintenance Areas" 23. Maintenance responsibility for the "Common Maintenance Areas ", including but not limited to, the private "A" Street improvements, landscaping improvements in the parkway, storm drains, any slope directly affecting drainage, and any other items deemed necessary by the City, shall be provided by an Owner's Association. The total cost of the maintenance provided by the Owner's Association shall be borne by the property owners of Lots 1, 2, and 3 of Vesting Map No. 5004. The Subdivider shall be responsible for installing all required Common Maintenance Area improvements and maintaining such Common Maintenance Area improvements, to the City's specifications and satisfaction, until acceptance by the City for inclusion in the Owner's Association. County of Ventura Computer -Aided Mapping System 24. The Final Map, including phased tract maps, shall be submitted in accordance with County Ordinance No. 3982, entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." Condition Compliance and Environmental Quality Assurance Program Costs 25. Prior to rough grading permit approval, and approval of a Final Map for any phase, the Subdivider shall submit a deposit for condition compliance review and mitigation monitoring. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City; at the City's option, contract specialists shall be retained to monitor construction and mitigation compliance. The Subdivider shall pay to the City 100 percent of all City and consultant costs for condition compliance review and mitigation monitoring. Contour Grading DST:c: \1- M \sdi \cc- cond.vtm 5 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 26. Final fine grading plans must conform with the principles of contour grading. Manufactured landforms shall be contoured and daylight grading techniques shall be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. Rough and fine grading plans for lots shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. Also, the grading plans shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Aesthetic Treatment of Manufactured Slopes 27. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slopes. Temporary Irrigation for Erosion Control Landscaping 28. Temporary irrigation shall be provided for all non - permanent erosion control landscaping, until it is replaced with permanent irrigation, unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building, unless drought tolerant plants selected do not require permanent irrigation. Drainage Between Lots 29. Cross lot drainage shall not be allowed; all lots shall drain directly to an approved drainage system. Drainage Structures 30. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure (such as rock elements) and landscape to reduce their visibility. Surety for Rough Grading 31. A rough grading permit shall not be approved until: 1) the Final Map has been recorded; and 2) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan and completion of the rough grading; construction of "A" Street and all related improvements including landscaping; construction of water and sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program) . In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, DST:c: \1- M \sdi \cc- cond.vtm 6 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Tree Report 32. Prior to approval of a rough grading permit for the northeast portion of Lot 3, a Tree Report for that area shall be completed to determine the health and replacement value for all mature trees and oak trees as required by the City Municipal Code and to clearly identify the location of trees that will be impacted and any that can be saved. Landscaping Requirements 33. Prior to rough grading permit approval, complete landscaping and irrigation plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for the Common Maintenance Areas and habitat replacement areas. All landscaping and irrigation plans shall be generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The Subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, Common Maintenance Area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of the first occupancy approval. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, all Common Maintenance Areas proposed to be maintained by the Owner's Association, and the habitat restoration areas. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and replace mature trees lost as a result of construction. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The Subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as an Owner's Association, assessment district, or similar entity approved by the City, accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 5004 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. DST:c: \1- M \sdi \cc- cond.vtm 7 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 c. Tree Replacement: The landscape plan shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. e. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. This shall be coordinated with the Oak Woodland Restoration Program and shall use trees compatible with this restoration. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. i. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. j. Maintenance and Replacement: until one year after the first occupancy approval, the Subdivider shall be responsible for maintenance of the Common Maintenance Areas. Prior to Owner's Association, assessment district, or similar entity's acceptance of responsibility for the landscaping, the Subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. k. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. Parking lot trees and landscaping should also emphasize native or similar trees and shrubs to be compatible with slope planting and restoration areas. DST:c: \1- M \sdi \cc- cond.vtm 8 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 1. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. M. Oak Woodland Restoration: To the degree feasible and permitted by geotechnical constraints, the northern perimeter of the project adjacent to the Arroyo Simi shall be designed to provide a 50 -foot setback from the escarpment above the Arroyo Simi. An oak woodland restoration zone shall be provided on the edge and side slope of this re- graded escarpment. The entire areas of visible surface of the fill slopes proposed along the northern side of the development shall be planted and screened with native woodland tree species common in oak woodland habitats. The ridge system demarcating the northern perimeter of the project shall, to the extent feasible, be restored to native woodland conditions. Landscaping around the escarpment system, once it is stabilized after rough grading, shall emphasize reestablishment of existing native habitat. The landscaping program around the escarpment boundary shall emphasize the use of tiered, tree lined buttress fills, which shall be set back in segments to prevent highly visible buttress or crib walls. n. Hillside Grading Ordinance Requirements: Landscape elements such as clustering of trees and shrubs typical of concentration found in nature, incorporation of rock elements into culverts and downdrains, and berming and tree massing near the landform crest shall be used to blend in with the natural landforms and to screen views of the structures from lower lying areas, consistent with Hillside Grading Ordinance requirements. Lot 3 along the western perimeter of the project shall incorporate the use of a berm and extensive tree and shrub native landscaping to minimize the visibility of the manufacturing facilities. Landscaping and Signage at Entranceway 34. The entranceway to the proposed project and driveways for Lots 1, 2, and 3 shall incorporate coordinated landscaping and signage. An orderly and consistent street tree planting program shall be required from the New Los Angeles Avenue underpass into the parking area for Lot 3 to guide visitors to the building entrance. The project entry shall receive enhanced landscape accent treatments. T, i e' ogV, Iidf a &hea .€ FtfT C con 4 :'quo4hi. Ij Ea Construction Noise 35. No exceptions shall be permitted to construction activity limitations in City Noise Ordinances in effect at the time individual lots of the Vesting Tentative Map are developed. DST:c: \1- M \sdi \cc- cond.vtm 9 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 36. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from residential neighborhoods situated north of the project site across the Arroyo Simi. Imvulse Noise Associated with Manufacturing Activities 37. All manufacturing processes and testing with sustained noise sources in excess of 65 dBA shall be contained indoors within the plant facility. No un- contained detonations shall be permitted. Compliance with this requirement may be achieved by a variety of means including undergrounding facilities for impulse tests, providing noise absorbing above ground structures, or by other means devised by a certified acoustical consultant. No single event testing shall be exempt from this requirement. The tolerated noise generation for the project at the property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and 60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA, whichever standard is more restrictive. If ambient noise levels exceed these restrictions due to the proximity of State Route 23, the ambient noise level shall be the standard that shall not be exceeded at the property line of Lot 3. 38. The City shall require annual noise monitoring and reporting for any sustained noise generating activity. The Industrial Planned Development Permit for any project constructed on Lot 3 shall be subject to this requirement. If Lots 1 or 2 are converted from anticipated commercial to manufacturing uses, noise monitoring and reporting requirements shall also apply to these lots as well. The City shall, in the conditions for the Industrial Planned Development Permits associated with the project, reserve the right to require additional noise mitigation if monitoring data indicates such mitigation is advisable. Street Lighting Standards 39. The lowest intensity adequate night lighting shall be required within the private road streetscape; however, at the New Los Angeles Avenue intersection, brighter lighting complying with County and City intersection safety standards shall be required. Asbestos Use Prohibited 40. No asbestos pipe or construction materials shall be used within this subdivision. Calleguas Municipal Prater District 41. Prior to approval of each phase of the Final Vesting Map, the Subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction DST: c: \1- M \sdi \cc- cond.vtm 10 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 Charge applicable to the proposed subdivision have been made. The Subdivider shall comply with Ventura County Waterworks District No. 1 Rules and Regulations, including payment of all applicable fees for domestic water sources. Waterworks District No. 1 42. Prior to recordation of any Phase of the Final Vesting Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. Cross Connection Control Devices 43. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. Television Cable Service 44. Television cable service shall be provided to Lots 1, 2, and 3, consistent with City cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of structures. Undergroundina of utilities 45. Prior to approval of any phase of the Final Vesting Map, the Subdivider shall post sufficient surety to assure that all proposed utility lines designed to serve the proposed project, both within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above- ground power poles on the project site. The Subdivider shall indicate in writing how this condition will be satisfied. Declaration of Public Nuisance 46. The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Subdivider or responsible Owner's Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance, as indicated in writing by the DST:c: \1- M \sdi \cc- cond.vtm 11 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The Subdivider, Owner's Association, or each individual property owner, as applicable, shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Biological Resource Preservation 47. Prior to initiation of rough grading or approval of the Final vesting Map, a proposed Habitat Restoration Plan shall be prepared by a qualified landscape architect with the assistance of a native plant ecologist to assure compensation for the loss of native habitats that will occur as a result of project development; this plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The habitat restoration plan shall emphasize the selective use of native grasses, shrubs, trees, and plants in areas of landscaping within the project boundary and in the Caltrans interchange improvement area. The plan shall also require project perimeter planting and landscaping of selected areas with the native plants common to the native ecological communities on the site (e.g., Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica, Calochortus catalinae, Calochortus clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica, Anemopsis californica). 48. The Subdivider shall fund a program to plant and /or restore acreage equal to the amount of damaged or destroyed oak woodland. To properly implement this program, an Oak Woodland Restoration and Reforestation Plan shall be prepared by a qualified landscape architect and arborist; this plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The precise number of trees, replanting specifications, tree sizes and locations and related details shall be enumerated in the plan once a final grading plan is prepared for the project. The intent of this program is to provide 3:1 replacement of oak trees that are removed during grading and also replacement of lost habitat. The Plan shall require the 100 foot fill slope along the northern perimeter of Lot 3 to be fully restored with oak woodland. The Subdivider shall be responsible for maintaining the restored oak woodlands (estimated to be a period of five years) until the native trees and associated understory plants are successfully established and the City's Director of Community Development has approved in writing that maintenance can be discontinued without resulting in plant mortality. 49. Prior to initiation of rough grading or approval of the Final Map, the site plan shall be revised, to the extent feasible, to provide for DST:c: \1- M \sdi \cc- c0nd.vtm 12 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 preservation of riparian habitats situated on the north side of the property bordering the Arroyo Simi and floodway easement area. In addition, a riparian restoration and enhancement area shall be set aside within the portion of Lot 4 that is situated inside the 100 year flood limit line. 50. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City and Ventura County Fire Protection District shall monitor the use of native plants through review and approval of all project landscape plans. Native plants acceptable to the County Fire Protection District shall be used in fuel modification zones. To facilitate recovery of native plants in non -fuel management areas, topsoil shall be cleared, removed, stockpiled, and then, at the conclusion of grading, redistributed on cut and fill slopes. Replaced topsoil shall be stabilized to prevent erosion. 51. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3 of the Vesting Map, until any open space easements for Lots A, B, and C have been transferred, dedicated or otherwise secured from the Applicant /Developer. verification of Open Space or Conservation Easement dedications shall be provided with the application for Zoning Clearance. No recordation of any-lots shall occur until the completion of Caltrans right -of -way land exchanges have been documented (if such exchanges are still a component of the Subdivider's program for land acquisition and transfer). Evidence of the successful exchange of right -of -way shall be provided in the form of recorded easement or ownership documents prior to the approval or recordation of any Phase of the Vesting Tentative Map. 52. The development or physical improvement of Lot A is prohibited. This lot may be conveyed to an appropriate public or land conservation entity at the developer's /Subdivider's discretion or the lot may be held in fee by the Subdivider. An irrevocable dedication of all development, agricultural, grazing, mineral, and extraction rights and a Conservation or Open Space Easement prohibiting all forms of development (other than minor drainage control or conveyance devices) shall be placed on this lot at the time of recordation. Further, at the time of recordation, a note shall also be made on the Final Map that future development is unconditionally prohibited on Lot A (with the noted exceptions). 53. Lot B shall either (1) be retained in applicant ownership, (2) conveyed either to the City of Moorpark or (3) conveyed to the Ventura County Flood Control District with deed restrictions prohibiting the construction of environmentally destructive drainage conveyance or management devices. At the time of recordation, a note shall be made on the Final Map that future development is unconditionally prohibited on Lot B. 54. The development or physical improvement of Lot C shall be prohibited by deed restriction with the exception of the installation drainage conveyance devices. An irrevocable dedication of all development rights and deed restriction prohibiting all forms of development (other than minor drainage control or conveyance devices and necessary environmental DST:c: \1- M \sdi \cc- cond.vtm 13 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 restoration) shall be placed on this lot at the time of recordation. Further, at the time of recordation, a note shall be made on the Final Map that future development is unconditionally prohibited on Lot C (with the noted exceptions). 55. An updated tree report shall be prepared once the required final geotechnical analysis of the project is complete and final site design and grading evaluation has been completed. Any additional trees to be impacted by the project, not included in the original assessment, shall be incorporated into the tree report mitigation statistics (replacement value, etc.). To the degree feasible, mature trees and native oak trees located at the margins of grading activity, shall be preserved. As required by City Municipal Code, the value of all mature trees and oak trees to be removed as a result of project grading and construction shall be applied to upgrading the size of tree plantings associated with the project. The required Habitat Restoration Plan shall identify the appraisal value of native oak trees and mature trees to be removed and the upgrading of size of tree plantings proposed in compliance with City Municipal Code requirements. 56. Prior to approval of the Final Map and /or issuance of rough grading permits, the two stands of Lyon's Pentachaeta, located on Lot A, shall be precisely mapped and preserved. The Subdivider shall fund all City costs, including administration and overhead to monitor the mapped sensitive habitat areas during construction. 57. Prior to issuance of building permits for either commercial or manufacturing facilities, the removal and modification of habitat within and adjacent to the riparian corridor shall be compensated by the restoration of Valley Oak Woodland and native riparian tree canopy within the 100 year flood limit line of Lot 4 adjacent to the Arroyo Simi. Mitigation shall require successful establishment of the following species and plant quantities: species Ouanti ty Populus fremontii (Cottonwood) 10 Alnus rhombifolia (Alder) 8 Acer negundo Subsp. (Box Elder) 8 Platanus racemosa (Sycamore) 20 Sambucus mexicana (Elderberry) 10 Juglans californicus (Walnut) 10 Quercus lobata (Valley Oak) 20 Quercus agrifolia (Live Oak) 20 Trees shall at a minimum be 5 gallon container specimens (except for willows which can be 1 gallon in size) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. Department of Fish and Game 1603 Compliance procedures shall govern the implementation of DST:c: \1- M \sdi \cc- cond.vtm 14 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 this restoration program and a permit shall be obtained from this agency prior to initiating rough grading activities. Restoration areas shall be incorporated into the project Habitat Management Plan. 58. SDI shall cooperate with any public agency sponsored habitat restoration and /or enhancement program for the Arroyo Simi, including but not limited to removal of the giant reed, Arundo donax, by allowing access to and along the Arroyo Simi. 59. Prior to the first occupancy approval, perimeter fencing shall be provided in areas where employees or visitors could obtain access to surrounding conservation easement lands and maintenance areas which can be used for native plant restoration. No fencing that is likely to preclude the use of this property as a wildlife corridor shall be placed around the perimeter of the property, and all efforts to facilitate the use of this property as a wildlife corridor shall be made by the Subdivider under the guidance of the City. 60. Off road vehicle (ORV) use on property within the project boundary shall be prohibited. Prior to rough grading permit approval, siynage shall be placed on the property indicating that ORV use is prohibited. 61. The Subdivider shall pay'a one -time $35,000 fee for a sensitive species mitigation program to be managed by the City. The purposes of this program include: (1) studying the location and distribution of sensitive species, (2) restoring marginal habitats within proposed onsite conservation easement areas or within permanent public open space or right -of -way, (3) contributing to the purchase of endangered habitats on private land within the City. Cultural Resource Mitigation Planning 62. A Cultural Resource Monitoring Program shall be instituted during the initial vegetation clearance for the project. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I and II survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the grading program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. A Chumash representative shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. 63. Prior to initiation of rough grading, the surface artifacts situated within archaeology site Ven -898 shall be mapped, recorded, and collected and this data, together with previously collected Phase II subsurface testing information, shall be incorporated into a cultural resource mitigation document for the project. This report shall also address the DST:c: \1- M \sdi \cc- cond.vtm 15 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 results of any investigation related to monitoring of initial grading activities. Paleontological Data Recovery 64. A Paleontological Mitigation Plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval prior to the initiation of mass grading. The development and implementation of this program shall include consultations with the Subdivider's engineering geologist. The monitoring and data recovery shall be performed by a qualified paleontologist. The data recovery shall include periodic inspections of excavations and, if necessary, fossil data recovery shall be performed to recover exposed fossil material. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. The costs of this Paleontological Mitigation Plan shall not exceed the financial limitations set forth in CEQA Appendix K Guidelines. State Department of Fish and Game Notice of Determination Filing Fee 65. Within two days after the City Council adoption of a resolution approving General Plan Amendment No. 95 -1, Vesting Tentative Map No. 5004, and IPD Permit No. 95 -2, the Subdivider shall submit to the City of Moorpark a check for $875.00, payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c), the project is not operative, vested or final until the filing fees are paid. II. CITY ENGINEER CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General Reauirements 66. All open space or other similar areas, including those to be commonly maintained by a maintenance district, property owners association, or similar mechanism, shall be designated as separate lettered lots on the final subdivision map. Grading 67. The Subdivider shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Vesting Tentative Map, prepared by a Registered Civil Engineer. The Subdivider shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion. DST:c: \1- M \sdi \cc- cond.vtm 16 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 68. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the approved of Vesting Tentative Map No. 5004, as required of these conditions and local ordinance. 69. The grading plan shall provide that graded slopes be hydroseeded or permanently landscaped within thirty (30) days of completion of rough grading. The City may specify alternate deadlines for completion of all hydroseeding and /or erosion control measures, based on the grading schedule and installation of permanent landscaping, as approved by the City Engineer and Director of Community Development. 70. All off -site import /export operations requiring an excess of 10 total truck loads and any staged grading, shall require Council approval prior to the issuance of a grading permit. 71. The grading plan shall indicate the locations of all existing habitat and other sensitive areas required to be protected during grading of the proposed development. A note shall appear on the grading plan indicating where these areas are within the development and where grading or stockpiling is prohibited. 72. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) . On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading meeting and delineated on the phased grading plan. 73. The Subdivider shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County water Resources Development Department. 74. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist and a contoured appearance can still be provided. In the case of special circumstances where steeper slopes are warranted, the grading plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 75. New slopes adjacent to roadways and development areas shall be graded in such a way that a natural contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided as a design element of the grading plan to the satisfaction of the Director of Community Development and the City Engineer. 76. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification DST:c: \1- M \sdi \cc- cond.vtm 17 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. 77. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with ground cover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites are to be hydroseeded within 30 days of completion of grading, shall include temporary irrigation until ground cover is established, and shall minimize rectilinear form. 78. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 79. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 80. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height slope of less than ten (10) feet. 81. The grading plans shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or disruptions to trees which must be protected as identified in the approved oak tree or other applicable tree reports. a. Grading and /or the placement of structures shall be prohibited within the dripline or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be prohibited. No fill material shall be placed within this area. b. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. C. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. d. Retaining walls shall be used to protect existing grades within the driplines of trees. However, these walls shall not alter drainage from around trees. DST:c: \1- M \sdi \cc- cond.vtm 18 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 e. Drainage shall be directed away from tree trunks to ensure that water will not stand at the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the dripline. During Construction: i. Trees within a construction area shall be protected from damage by equipment by installing temporary barriers such as fencing at the dripline. ii. Equipment, debris, building materials and /or excess soil shall not be stored within the dripline. iii. Trenches for utilities or irrigation shall be routed around the dripline where possible, as determined by the City Engineer, and shall include: (1) When not restricted by building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. (2) The operation of heavy construction equipment shall avoid the driplines of trees where possible. 82. To reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk.A=1; 'f ,,#M, Y```� .' The Subdivider shall use the City's standard wall detail during design and construction. All material for the construction of a wall shall be approved by the City Engineer and Director of Community Development. No retaining wall greater than 18 inches in height shall be approved immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area shall be established between the back of sidewalk and any retaining or other property walls. All slough walls shall be shown as part of the approved landscape plan. Geotechnical /Geology Review 83. The Subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Reports certified by a California Registered Civil Engineer and Geologist. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The report shall also discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. DST:c: \1- M \sdi \cc- cond.vtm 19 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 Note: Review of the geotechnical engineering and engineering geology reports, by the City's Geologist and Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 84. All recommendations included in the approved geotechnical engineering and engineering geology reports shall be implemented during project design, grading, and construction in accordance with the approved Project. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations. 85. Unless subsequent geotechnical studies direct otherwise, landslides shall be removed and recompacted during grading. Alternatively, in some instances, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future down slope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with Appendix 33 of the 1994 Uniform Building Code (UBC) and applicable City and /or County Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist and geotechnical engineer. 86. Prior to issuance of any grading permits, the Subdivider or subsequent developers shall contract with an engineering geologist and geotechnical engineer to study potential liquefaction related effects for Lots 1 through 3, Lots B and C, and the access road linking the northeast portion of Lot 3 (flag area) with the southeast portion of Lot 3. No structure shall be placed within 50 feet of any adopted setback for minimizing the consequences of liquefaction related failure. No development on the flag area portion of Lot 3 shall be permitted until secondary access is provided over the Arroyo Simi (or by other routes to the south) and the access road between the two potential development areas of Lot 3 is designed and built to standards that will permit the road to remain in place without significant failure in the event of an earthquake. 87. The Subdivider shall develop a master agreement among all owners of commercial and manufacturing developments within the tentative map boundary which shall provide for a Slope Maintenance Program designed to ensure that risks of slope failure are minimized. This slope maintenance program shall address recommendations contained in the project geotechnical report. The Slope Maintenance Program document shall be reviewed and approved by the City Geologist, City Engineer, and Director of Community Development prior to issuance of permits for rough grading. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. 88. The Subdivider's engineering geologist and geotechnical engineering consultant shall prepare a written review of detailed grading plans (1" =40' scale) . This written review is required to assure that all geotechnical recommendations have been incorporated into project plans and DST:c: \1- M \sdi \cc- cond.vtm 20 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 specifications. Supplemental recommendations shall be made on a lot by lot basis as necessary and any additional testing shall be completed prior to submission of grading plans. The grading plan review by the Subdividers consultant may also include a recommendation to conduct additional subsurface investigation, if necessary. At the time of grading plan submittal, the Subdivider shall submit this written review to the City Engineer and consulting City geologist and geotechnical engineer for review and approval. Storm water Runoff and Flood Control Planning 89. The Subdivider shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane in each direction with a goal that local, residential and private streets shall have one dry travel lane available in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Subdivider; DST:c: \1- M \sdi \cc- cond.vtm 2 1 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the Subdivider shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Homeowners' Association, City assessment district, or golf course operator, unless otherwise approved by the City Council. 1. Concrete drainage structures; _0,4ple to shall be tan I I , colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Subdivider shall be responsible for obtaining Ventura County Flood Control District approval of the analysis of this system, as it relates to the downstream capacity, and shall make any downstream improvements, required by Ventura County Flood Control and City of Moorpark, to support the proposed development of Tract No. 5004. 90. The Subdivider shall demonstrate for each building pad within the Final Vesting Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 91. The Subdivider shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a DST:c: \1- M \sdi \cc- cond.vtm 22 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." 92. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The Subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. 93. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 94. The Subdivider shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved in the EIR or subsequently required studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Flood Control District. 95. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The agreement shall be submitted to the City Engineer for review and approval, and shall include provisions for the Owner's Association to maintain any private storm drainage systems not maintained by the City or a City assessment district, and shall be binding upon future property owners. 96. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 97. Concurrent with submittal of the rough grading plan an Erosion, Debris, and Sediment Control Plan (EDSCP) shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding and temporary irrigation on all graded slopes within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during DST:c: \1- M \sdi \cc- cond.vtm 23 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 grading, if available from Waterworks District No. 1 at the time of grading permit approval. 98. To comply with NPDES requirements, the Subdivider shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project. This Plan shall be reviewed and approved by the City Engineer prior to the issuance of permits for rough grading. This plan shall define how the receiving water bodies (the Arroyo Simi) shall be protected from degradation. The developer for each lot shall be required to file a Notice of Intent to meet State requirements regarding runoff associated with construction activity. 99. The EDSCP shall address construction impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a California registered Civil Engineer. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins as necessary, provisions for the use of vegetative filtering devices, preparation of detailed erosion /sediment control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The EDSCP shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. 100. The EDSCP shall provide that temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. The following water quality assurance techniques shall be included as necessary: Minimize removal of existing vegetation. Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. Rough grade contours to reduce flow concentrations and velocities. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. Phase grading to minimize soil exposure during the October through April storm period. Install sediment traps or basins. DST:c: \1- M \sdi \cc- cond.vtm 24 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 Maintain and monitor erosion /sediment controls. The developer (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. 101. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. The City Engineer shall review and approve the grading plan to verify implementation of the following water quality enhancement features including: drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; check dams to reduce flow velocities; permanent desilting basins; permanent vegetation, including grass -lined swales; design of drainage courses and storm drain outlets to reduce scour. 102. Runoff from developed areas shall be diverted to detention basins and then to underground first flush filters, or other Best Management Practices, as determined by the City Engineer. These devices shall be designed by a registered civil engineer as part of the drainage improvement plans for the project. The basins and traps would require periodic maintenance by the property owner, commercial and manufacturing property owners association, or other entities. Provisions shall be made by the Subdivider to provide for maintenance of these structures in perpetuity prior to Final Vesting Map approval.„ ' ;3,�, €,; 103. Prior to undertaking any bank stabilization or remedial work in the Arroyo Simi, the Subdivider shall obtain a Section 404 permit from the Army Corps of Engineers. 104. Prior to approval of the Final Map, a Master Drainage and Flood Control Improvement Plan 9� 2- ;.... '.',shall be prepared, which identifies all required drainage and flood control improvements necessary to implement the proposed project..,��( s Plan shall be prepa DST:c: \1- M \sdi \cc- cond.vtm 25 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The Improvement Plan shall identify all major improvements and typical drainage facilities for all developable lots and all maintenance area lots included within the Vesting Map boundary. The capacity, location, and size of all culverts, storm drains, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of any on -site detention features shall be included in the Drainage and Flood Control Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. The Improvement Plan shall identify what improvements must be completed coincident with the initiation of rough grading. 105. If deemed necessary by the City Engineer and Ventura County Flood Control District, upon review of final grading and /or building plans, a Bank Protection Plan shall be prepared to address potential direct and indirect flooding related hazards to Lots B, C, #nd 3 and 4. This Plan shall be prepared after review and approval of the Master Drainage and Flood Control Improvement Plan. The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features such as subsurface retaining walls, and similar devices) to minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified in the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to issuance of rough grading permits or any building permits for commercial or manufacturing structures. Construction of any required bank protection along the Arroyo Simi must be completed before issuance of Building Permits or occupancy approval. 106. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to approval of the grading plan. 107. Improvements related to sediment management shall be made which will be sufficient to reduce estimated sediment generation to pre - development levels. These improvements shall be made in conjunction with commencement of rough grading operations for the proposed developable lots. The design of debris or sediment retention facilities shall be reviewed and approved by the Ventura County Flood Control District and the City Engineer. All improvements related to debris management shall be completed prior to the first rainy season to occur after rough grading has commenced. DST:c: \1- M \sdi \cc- cond.vtm 26 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 Maintenance of any debris or sediment control facilities shall be provided under an agreement satisfactory to the Flood Control District and the Moorpark City Engineer. An improvement and maintenance cost agreement enforceable upon the future owners of the developable lots shall be required prior to the approval of the Final Vesting Map. Street Improvement Requirements 108. The Subdivider shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. 109. The street improvements shall include concrete curb and gutter, sidewalk, parkways, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Subdivider shall dedicate the necessary right -of -way to make all of the required improvements. Subdivider shall also make an irrevocable offer of dedication for private street from SR -23 interchange to northeast corner (flag area) of Lot 3 for possible future acceptance by the City. SR -23 /Los Angeles Ave. Interchange: 110. Design of the SR -23 /New Los Angeles Avenue interchange and adjacent improvements shall be constructed to the satisfaction of the City and Caltrans. The existing interchange shall be improved to provide new traffic signals at the terminus of the north and southbound SR -23 off ramps and an access extension of New Los Angeles Avenue easterly into the SDI project. Widening of the existing road improvements within the interchange area shall also be accomplished. All transitions onto New Los Angeles Avenue and into the SDI property shall be approved by the City Engineer. All plan check and inspection costs incurred by the City for these interchange improvements and transitions shall be paid by the developer. Private Interior Street: 111. The private street, extending from the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway, shall be constructed and shall have a minimum width of 63 feet and conform to cross section "A" as depicted on Sheet 1 of the approved tentative map. The cross section shall also provide for a five (5) foot sidewalk adjacent to and extending between Lots 1 and 3, and a five (5) foot parkway along both sides of the street. Between Lots 1 and 3, the parkway shall be located between the curb and the sidewalk. The portion of the private street between the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway shall provide two (2) DST:c: \1- M \sdi \cc- cond.vtm 27 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 travel lanes in each direction. A turnaround built to City of Moorpark and Fire Protection District approved standards shall also be provided at the Lot 3 driveway. 112. Any future cul -de -sacs, having a sump drainage configuration, shall provide alternate escape routes for water without creating any adverse impact to private property. 113. The secondary access driveway connecting the SR -23 freeway and serving Lot 3 shall be designed to all applicable City of Moorpark and Ventura County Fire Department standards. All surface treatments and access gate systems shall also be approved by the City and Fire Protection District. Other Private Street Improvements: 114. The Subdivider shall include bus stops turueQZs in the final: street- plans €er —"At and provide for their construction, to service the project. The final location of the bus stop ', —mot, and any shelters, shall be approved by the Director of Community Development. 115. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 116. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. Other Fees and Improvement Design Requirements 117. Where roads are to be built requiring 4 or more inches of pavement, the Subdivider shall construct the required street section minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 118. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 119. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Subdivider at his expense. 120. The Subdivider shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 121. Special intersection treatment designs involving variations in paving material, where major pedestrian and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director DST:c: \1- M \sdi \cc- cond.vtm 2 8 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 of Community Development. Where a special intersection treatment is used, all maintenance for the special pavement treatment (i.e. stamped concrete, cobble stone, etc.) shall be borne by the Owners' Association, or similar entity. 122. The Subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., accessways, temporary debris basins, etc.) in a form acceptable to the City. The subdivision surety agreement shall include provisions for all site improvements within Tract 5004 and other offsite improvements required by the conditions as described herein and as required by the mitigation measures of the approved EIR. 123. The Subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 124. If applicable, the Subdivider shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 125. Prior to final map approval, the Subdivider shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Subdivider would not have to pay the AOC fee. 126. The Subdivider shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. 127. The Subdivider shall make a special contribution to the City representing the pro -rata share of the costs of the improvements to the following intersections as follows: Los Angeles Avenue /Spring Road $24,000 Los Angeles Avenue /Moorpark Avenue $24,000 The actual contributions are based upon the additional traffic added to each intersection (16 percent) per the approved traffic study for the industrial development. Utilities DST:c: \1- M \sdi \cc- cond.vtm 29 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 128. Utilities, facilities and services for the project area will be extended and /or constructed in conjunction with any phased development by the master developer as the project proceeds. a. The Subdivider will be responsible for the construction of all onsite and offsite water and sanitary sewer facilities to serve the project. The Subdivider shall enter into an agreement with Ventura County Waterworks District No. 1 (VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. b. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area will be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the Project Area. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. Acquisition of Basements and Right of Wav 129. If any of the improvements which the Subdivider is required to construct or install is to be constructed or installed upon land in which the Subdivider does not have title or interest sufficient for such purposes, the Subdivider shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Subdivider wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. DST:c: \1- M \sdi \cc- cond.vtm 30 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 Suretv, Bondina. Convevance of Title, and Leaal Actions 130. The Subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 131. The Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets, driveways, and lots to provide access for all governmental agencies providing public safety, health and welfare. 132. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 133. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 134. Prior to any work being conducted within the State, County, or City right of way, the Subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 135. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available {E paving construction roads and other dust pre - vention measures. The Subdivider shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) or anytime wind speeds are such as to blow excessive dust offsite. The contractor shall maintain contact with the Air DST:c: \1- M \sdi \cc- cond.vtm 3 1 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 Pollution Control District (APCD) meterologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on- site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. h. Wash off heavy -duty construction vehicles before they leave the site. 136. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. b. All active portion of the construction site shall be watered sufficiently to suppress excess dust generation. 137. At all times, dust emissions shall be controlled using the following procedures: a. On -site vehicle speed shall be limited to 15 mph. b. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be sufficiently watered or treated with environmentally -safe dust suppressants as often as necessary to prevent excessive amounts of dust. C. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by DST:c: \1- M \sdi \cc- cond.vtm 32 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. 138. Ozone precursor construction emissions shall be controlled using the following measures: a. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. b. During smog season (May through October), the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. C. Construction activities shall utilize new technologies to control ozone precursor emissions as they become available and feasible. 139. All diesel engines used in construction equipments shall use reformulated diesel fuel and high pressure injectors. 140. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 141. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 142. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 143. Truck noise from hauling operations shall be minimized through establish- ing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. 144. The Subdivider shall ensure that construction equipment is fitted with modern sound - reduction equipment. 145. Equipment not in use for more than ten minutes shall be turned off. 146. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified DST:c: \1- M \sdi \cc- cond.vtm 3 3 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 immediately. work shall not proceed until clearance has been issued by all of these agencies. 147. The Subdivider shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 148. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from residential neighborhoods situated north of the project site across the Arroyo Simi. 149. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 150. During smog season (May through October), the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. 151. Construction activities shall utilize new technologies to control ozone precursor emissions as they become available and feasible. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 152. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 153. The Subdivider shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 154. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 155. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 156. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 157. Original "as built" plans will be certified by the Subdivider's civil engineer and submitted with two sets of blue prints to the City Engineer's DST:c: \1- M \sdi \cc- cond.vtm 34 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 office. Although grading plans may have been submitted for checking and construction on sheets larger than 2211 X 3611, they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 158. Construction of the SR -23 /Los Angeles Avenue interchange shall be completed to the satisfaction of the City Of Moorpark and Caltrans. III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS 159. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 160. Construction equipment, tools, etc., shall be properly secured during non- working hours. IV. VENTURA COUNTY FIRE PROTECTION DISTRICT CONDITIONS Fire Hazard Reduction Program 161. Prior to approval of the Final Vesting Map or issuance of building permits for any lot, the Subdivider shall retain a certified fire management professional and a landscape architect, with native plant experience, to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the Ventura County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. The program shall apply to all lands within 200 feet of the developed portion of the project (or as amended by the certified fire professional). Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. 162. Within the fuel modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements shall include a combination of trees, shrubs, and groundcover. Irrigation should not be provided unless necessitated by the plant materials selected. DST:c: \1- M \sdi \cc- cond.vtm 35 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 163. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed Owners' Association shall be responsible for implementing this Program in perpetuity. Road and Driveway Requirements 164. A minimum street width of 36 feet shall be proved for access roads. 165. A minimum street width of 30 feet shall be provided around all structures. 166. A minimum street width of 30 feet shall be provided where parking lot access is used as second access. 167. Prior to construction, the Subdivider shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 168. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. 169. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 170. Access roads shall not exceed 15 percent grade. 171. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 611). 172. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Private Road Guidelines. Complete access shall be submitted prior to approval of this project by the Fire District. The need for adequate all- weather, second access to Lots 1 and 2 shall be determined at the time of future submittals for Commercial Planned Development Permits for Lots 1 and 2. An acceptable primary and dual access plan for the northeast portion of Lot 3 shall be prepared and approved by the City Engineer, City Geologist, and County Fire Protection District prior to approval of a grading permit, IPD Permit, and building permit for that portion of Lot 3. 173. Prior to construction, the Subdivider shall submit two street improvement plans to the Fire District for review and approval of all access gates and the roadway approach to all gates. 174. Any gates to control vehicle access are to be located so as to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Fire Protection Division. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox system shall be installed. Gate plan details shall be submitted to the Fire District for approval prior to recordation. DST:c: \1- M \sdi \cc- c0nd.vtm 36 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 175. Prior to recordation of the Final Map, proposed street names shall be submitted to the Fire District's Communications Center for review and comment. 176. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Fire Hydrant /Fire Flow Requirements 177. Prior to recordation of the Final Map and the issuance of building permits, the Subdivider shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 178. Prior to construction, the Subdivider shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 179. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two 4 inch and one 2 % -inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 180. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3500 gallons per minute at 20 psi. The Subdivider shall verify that the water purveyor can provide the required volume at the project. Prior to Final Map approval, fire suppression and fire flow requirements for buildout of all developable lots shall be established by the Ventura County Waterworks District No. 1 and the Ventura County Fire Protection District. The Subdivider's Civil Engineer shall determine if the projected fire flows are adequate, and this determination shall be verified by the City Engineer and Fire Protection District staff. Building and Construction Reguirements DST:c: \1- M \sdi \cc- c0nd.vtm 37 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 181. Address numbers, a minimum of 6 inches (611) high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 182. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 183. All buildings shall be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, and approval to the Fire District. 184. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 185. Building plans of all A and H occupancies shall be submitted to the Fire District for plan check. 186. Plans for any fire alarm system shall be submitted to the Fire District for plan check and approval. 187. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review by the Fire District. 188. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. 189. A certification shall be submitted to the Fire District by a qualified specialist or engineer that the fire safety properties and the facilities and appurtenances situated thereon meet the prescribed criteria of recommended good practice. 190. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 200 feet from structures, as described in the EIR. 191. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. (Uniform Fire Code, Article 11.) 192. Subdivider shall obtain VCFD Form #126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. DST:c: \1- M \sdi \cc- cond.vtm 38 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 193. Subdivider shall submit a phasing plan to the Fire Department for review and approval prior to construction. 194. This application is incomplete. Subdivider shall submit to the Fire District the following information: Actual building diagrams, including proposed and future structures, completed infrastructure including verification of water and actual street alignments. Provide the type, quantity, storage, and use practices of the "volatile liquid storage" buildings. 195. During all grading and site clearance activities, earth moving equipment shall be equipped with spark sarrestors and at least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection District. Adequate on -site water supplies shall be provided during the grading and construction period to assure that adequate fire suppression capability is available. 196. All equipment and material staging activities shall be coordinated with the County Fire Protection District. Notification of staging locations and equipment storage areas shall be provided to the District and a location acceptable to the District shall be designated. Fire prone construction activities (initial vegetation clearance, hauling and stockpiling of vegetation, or any construction activity involving concentrated sources of heat) shall be prohibited during "Santa Ana" wind conditions. V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 197. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Subdivider. 198. The Subdivider shall be responsible to construct and pay for the required in -tract and off -site water, and sewer improvements necessary to serve the property. 199. Subdivider shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. 200. Prior to approval of the Final Vesting Map, the entire property encompassed by Tract 5004 shall be annexed into the Waterworks District No. 1 service area. The pressure zone to which the project will be assigned shall be identified and the feasibility of providing the required DST:c: \1- M \sdi \cc- cond.vtm 39 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated August 21, 1996 domestic, landscaping, and fire flow supplies to all four proposed developable lots on the Vesting Map without on -site reservoir storage shall be documented. The infrastructure plan for the project shall be designed to address the details for the placement of all required water and sewer conveyance facilities in appropriate alignments. No alignments shall be approved by the City Engineer that pass through areas with potential landslide or liquefaction hazards. The Subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure in said alignments. The City, at its discretion, may assist with the acquisition of such easements. 201. Prior to approval of the Final Vesting Map, the proposed infrastructure plan for the project shall be designed to address unresolved questions regarding the capacity of and need for on -site storage, provision of adequate fire flows, the sizing of all required mains and distribution lines, and related pump station planning. The Subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure. The final infrastructure plan shall be approved by Waterworks District No. 1, by the City Engineer, and by the Fire Protection District, prior to approval of the Vesting Map. 202. Prior to approval of the Final Vesting Map, the proposed wastewater treatment conveyance facility plans for the project shall be designed to address unresolved questions regarding the capacity of adjacent sewer mainlines, the ability of the project effluent to be accommodated, and the sizing of all required mains and distribution lines, and related pump station planning. The Subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure. The final wastewater treatment conveyance line plan shall be approved by Waterworks District No. 1 and by the City Engineer prior to approval of the Final Vesting Map. VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL VESTING MAP 203. The approved Mitigation Monitoring Program to be included as Attachment _ to City Council Resolution No. 96- , and all applicable mitigation measures are requirements of the Vesting Tentative Map, as shown by italic type in the preceding conditions of approval. in cases where a mitigation measure is a duplicate of a standard condition of approval, italic type is not shown. In cases where a mitigation measure has slightly different wording from a condition of approval, the language in the condition of approval shall be controlling. DST:c: \1- M \sdi \cc- cond.vtm 40 Attachment C INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 CONDITIONS OF APPROVAL (Mitigation measures are identified by italic type in the following conditions.) I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. No development, including any grading, building, or other use, shall be allowed for the northeast portion of Lot 3 (flag area) until additional environmental review has been completed and a new Industrial Planned Development (IPD) Permit has been approved by the City. Other Regulations 2. The development is subject to all applicable regulations of the M -2 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3• The Industrial Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. Use Inauguration 4. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas and if Applicant /Developer can document that he has diligently worked towards DST: c:\1- M`sdi\cc- cond.ipd 1 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Other RISMlations 5. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability 6. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall render this Industrial Planned Development Permit null and void at the discretion of the City. Applicant /Developer Defense Costs 7. The Applicant /Developer agrees as a condition of issuance and use of this permit to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the IPD Permit, which claim, action or proceeding is brought within the time period provided therefore by the Government Code. The Applicant /Developer will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of any obligation under this condition. Ike Conversion 8. Prior to occupancy approval for any building, the Applicant /Developer shall provide to the City an image conversion of any associated building, grading, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. National Pollutant Discharge Elimination Standards 9. Prior to issuance of a Zoning Clearance for a Building Permit, the Applicant /Developer must have submitted construction plans which indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). DST:c: \1- M \sdi \cc- cond.ipd 2 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 Zoning Clearance Prior to Building Permit 10. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a Applicant /Developer desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. Business Registration 11. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 12. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address (es) of the new owner(s), lessee(s), or operator(s), together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. Other Uses 13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M -2 Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. Acceptance of Conditions 14. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Compliance with Air Pollution Control District (APCD) Trip Reduction Rule 15. The project tenant (employer) is required to comply with any APCD Rule that requires the employer to develop and implement a trip reduction plan for employees. DST: c: \1- M \sdi \cc- cond.ipd 3 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 Air Ouality Education Program 16. The on -site building manager or designee will conduct an annual air quality education program on -site to alert employees to any new developments in air quality information. This measure shall be coordinated through the Air Pollution Control District (APCD). Occupancy Final Inspection Approval Requirement 17. No Final Inspection approval for occupancy shall be granted until all required improvements specified in this permit have been completed. The City may authorize deferral of items such as landscaping, perimeter and retaining walls, and other improvements not related to grading or required for public health and safety reasons, subject to the provision of a faithful performance bond. Said deferred improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the surety; however, the surety must be kept in full force and effect for one year after initial occupancy to ensure adequate installation and maintenance. Change of Tenant 18. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. Utilities Assessment District 19. The Applicant /Developer agrees not to protest the formation of an underground utility assessment district. Prohibition of Outside or Truck Storage 20. No outside storage of any materials is permitted. No overnight parking of any semi- trucks or truck trailers beyond the loading zones shall be permitted. Repair or Maintenance of Trucks 21. No repair or maintenance of trucks or any other vehicles shall occur outside of the industrial buildings. DST: c: \1- M \sdi \cc- cond.ipd 4 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 Loading and Unloading Operations 22. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved in writing by the Director of Community Development. Noxious Odors 23. No noxious odors shall be generated from any use on the subject site. Uses and Activities to be Conducted Inside 24. All uses and activities shall be conducted inside the buildings. Conditions, Covenants and Restrictions (CC &R's) 25. A condition of the Vesting Tentative Map No. 5004, associated with this IPD Permit, requires that Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing an Owner's Association shall be prepared. The CC &R's for the Owner's Association are required to identify all Common Maintenance Areas within the boundaries of Vesting Map No. 5004, including maintenance of private streets, street and parkway landscaping, all manufactured slope areas adjacent to private streets and facing State Route 23, any slope directly affecting drainage or street facilities, any common - shared driveways, all storm drains, and any fencing or walls within common areas. Prior to Final Map approval for any phase, the Subdivider is required to: provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to private roadways and slopes facing State Route 23 that are required to be landscaped; and offer to dedicate access easements to the City of Moorpark over all private streets to provide access for maintenance of landscaping and drainage improvements. Should the Owner's Association fail to maintain the street and parkway landscaping, including landscaping on all manufactured slope areas adjacent to private streets and facing State Route 23, and any associated drainage, in a satisfactory manner, these areas, or portion thereof, shall be placed, at the City's option, in a City assessment district. The total cost of formation of an assessment district or annexation to an existing assessment district and the maintenance provided by the assessment district for the areas described above, including the cost of converting irrigation systems or other required work, shall be borne by the property owners within the entire Vesting Map No. 5004 area, as determined by the City. The Subdivider is also required to record a covenant to inform the purchasers of all of the affected lots of this potential action. CC &R's to Include Applicable Conditions of Approval DST:c: \I- M \sdi \cc- cond.ipd 5 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 26. The CC &R's are also required to include all Vesting Tentative Map and IPD Permit conditions of approval, that have been identified by the Director of Community Development for inclusion. Landscaping Submittal of Landscape Plans: 27. Prior to rough grading permit approval, complete landscaping and irrigation plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for the Common Maintenance Areas and habitat replacement areas. All landscaping and irrigation plans shall be generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, Common Maintenance Area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of the first occupancy approval. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, all Common Maintenance Areas proposed to be maintained by the Owner's Association (including but not limited to design of the parkways, sidewalks, barrier walls, and other streetscape elements), and the habitat restoration areas. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and replace mature trees lost as a result of construction. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Conformance with Conceptual Landscape Plan: The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application, with the exception of modifications required to achieve consistency with mitigation measures and the Hillside Grading Ordinance. b. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The Applicant /Developer shall be responsible for maintaining the irrigation system and all landscaping until such time as an Owner's Association, assessment district, or similar entity approved by the City, accepts the responsibility. The Applicant /Developer shall replace any dead plants and make any necessary repairs to the DST:c: \I- M \sdi \cc- cond.ipd 6 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 irrigation system consistent with the landscape plan approved for the development. C. Tree Report: The information contained in the Final Vesting Map No. 5004 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. d. Tree Replacement: The landscape plan shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. e. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. This shall be coordinated with the Oak Woodland Restoration Program and shall use trees compatible with this restoration. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. i. Equipment Screening: Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. j. Maintenance and Replacement: Until such time that an Owners' Association is established, or one year after the first occupancy approval if an Owners' Association has already been established, the Applicant /Developer shall be responsible for maintenance of the Common Maintenance Areas defined by the conditions of approval for Vesting Tentative Map No. 5004. Prior to Owner's Association, assessment district, or similar entity's acceptance of responsibility for the landscaping, the Applicant /Developer shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the approved landscape plan. DST:c: \1- M \sdi \cc- cond.ipd 7 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 k. Native and /or Drought Tolerant Plantings: The use of native and /or drought- tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. Parking lot trees and landscaping should also emphasize native or similar trees and shrubs to be compatible with slope planting and restoration areas. 1. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. M. Shade Coverage in Parking Areas: A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. n. Raised Planters: Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. o. Screen Views of Parked Vehicles: Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. P. Maintain View of Exterior Doors and Windows: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. q. Oak Woodland Restoration: To the degree feasible and permitted by geotechnical constraints, the northern perimeter of the project adjacent to the Arroyo Simi shall be designed to provide a 50 -foot setback from the escarpment above the Arroyo Simi. An oak woodland restoration zone shall be provided on the edge and side slope of this re- graded escarpment. The entire areas of visible surface of the fill slopes proposed along the northern side of the development shall be planted and screened with native woodland tree species common in oak woodland habitats. The ridge system demarcating the northern perimeter of the project shall, to the extent feasible, be restored to native woodland conditions. Landscaping around the escarpment system, once it is stabilized after rough grading, shall emphasize reestablishment of existing native habitat. The landscaping program around the escarpment boundary shall emphasize the use of tiered, tree lined buttress fills, which shall be set back in segments to prevent highly visible buttress or crib walls. DST: c: \2- M \sdi \cc- cond.ipd 8 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 r. Hillside Grading Ordinance Requirements: Landscape elements such as clustering of trees and shrubs typical of concentration found in nature, incorporation of rock elements into culverts and downdrains, and berming and tree massing near the landform crest shall be used to blend in with the natural landforms and to screen views of the structures from lower lying areas, consistent with Hillside Grading Ordinance requirements. Lot 3 along the western perimeter of the project shall incorporate the use of a berm and extensive tree and shrub native landscaping to minimize the visibility of the manufacturing facilities. S. Loading Area Screening: A dense landscaping screen or masonry wall shall be constructed along the west side of the loading area to screen views of this area. t. Building Screening: Additional tree and shrub planting shall be incorporated around the north and east sides of the main building. Foundation groundcover, shrub and tree planting shall be provided so that grass does not directly abut the building. Landscaping and Signage at Entranceway 28. The entranceway to the proposed project and driveways for Lots 1, 2, and 3 shall incorporate coordinated landscaping and signage. An orderly and consistent street tree planting program shall be required from the New Los Angeles Avenue underpass into the parking area for Lot 3 to guide visitors to the building entrance. The project entry shall receive enhanced Case Processing Costs 29. The Applicant /Developer shall pay all outstanding case processing (planning and Engineering), environmental impact report preparation, and City legal service fees prior to initiation of condition compliance review. Park Fee 30. The Applicant /Developer shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area to support the City's current and future park system. Citywide Traffic Mitigation Fee DST:c: \l- M\sdi \cc- cond.ipd 9 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 31. Prior to Zoning Clearance approval for a building permit, the Applicant /Developer shall pay a Citywide Traffic Mitigation fee totaling $65,600, calculated at $.50 per square foot of building area. Air Ouality Mitigation Fee 32. The total air quality mitigation fee for the Phase 1 development totaling 131,200 square feet shall be $19,680 (based on $.15 per square foot of building area), to be paid in three equal annual installments without interest, commencing with the first payment prior to Zoning Clearance approval for a building permit. School Assessment Fee 33. Prior to building permit approval, the Applicant /Developer shall pay all school assessment fees levied by the Moorpark Unified School District. Callecuas Municipal water District Fee 34. Prior to issuance of a Zoning Clearance for a building permit, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. Applicant /Developer shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Ordinance 102 Reguirement 35. Prior to issuance of a Zoning Clearance for a building permit, the Applicant /Developer shall pay a fee established pursuant to Ordinance 102 in the amount of $.05 per square foot of building area to be used to install, maintain, and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Zoning Enforcement /Public Nuisance Abatement Costs 36. The continued maintenance of the project site and associated Common Maintenance Areas for Tract 5004 shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Owner's Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance and graffiti removal, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The Applicant /Developer, Owner's Association, or each individual property owner, as applicable, INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Condition Compliance and Environmental Quality Assurance Program Costs 37. Prior to rough grading permit approval, and approval of a Zoning Clearance for a building permit, the Applicant /Developer shall submit a deposit for condition compliance review and mitigation monitoring. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City; at the City's option, contract specialists shall be retained to monitor construction and mitigation compliance. The Applicant /Developer shall pay to the City 100 percent of all City and consultant costs for condition compliance review and mitigation monitoring, including City overhead and administrative costs. Sign Program 38. Prior to the issuance of a Zoning Clearance, a comprehensive sign program for the entire project site shall be submitted along with the construction plans for review and approval of the Department of Community Development. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. a. A sign permit is required for all on -site signs. b. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. C. No off -site signs are permitted. Revision of Plot Plan 39. The plot plan shall not be revised to reflect any requirements for right - of -way dedications, unless an appropriate modification is approved by the City. Utility Room DST:c: \1- M \sdi \cc- cond.ipd 11 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 40. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. Use _of Asbestos 41. No asbestos pipe or construction materials shall be used. Utility Lines 42. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) shall be placed underground to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. Television Cable Service 43. Television cable service shall be provided, consistent with City cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of structures. Roof Mounted Equipment 44. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) shall not extend above the height of the parapet wall. The parapet height shall be sufficient so as to fully screen any roof equipment without any future need for additional screening, but at a minimum, shall be at least 18 inches in height. Plot Plan Requirements 45. The following shall be depicted on the final plot plans and shall be subject to approval by the Director of Community Development prior to Zoning Clearance approval for a building permit: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. DST:c: \I- M \sdi \cc- cond.ipd 12 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 C. Bicycle racks or storage facilities and motorcycle parking shall be provided on -site, consistent with Zoning Code requirements. d. The required loading area (s) and turning radii shall be depicted on the plot plan. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WE-50 design vehicle. e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. Lighting Plan 46. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty (20) feet, unless otherwise approved by the Director of Community Development. C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. f, No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. DST:c: \1- M \sdi \cc- cond.ipd 13 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. j. A photometric plan shall be prepared which shall have, as a primary design objective, creating a low intensity night lighting solution to development of Lot 3. All lighting within 200 feet of the Arroyo Simi shall be shielded and directed away from the Arroyo. Building lighting restrictions shall be included in the project CC &R's and Planned Development Permit conditions for all developable lots. Location of Property Line Walls 47. All property line walls shall be no further than one inch from the property line. Fen- 48. No downspouts shall be permitted on the exterior of the building. Exterior Ground Level Equipment 49. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. Building Materials and Colors 50. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development and the Hillside Grading Ordinance. Skylights 51. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Parking overhanc DST:c: \1- M \sdi \cc- c0nd.ipd 14 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 52. Parking overhangs shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto or into the required landscape setback along roadways. Parking Size Reguirements 53. The site plan shall be revised to provide that all handicapped parking spaces and other parking spaces adjacent to pedestrian walkways shall be a minimum of 20 feet in length. Compact parking spaces shall not exceed 10 percent of the total parking spaces provided. Parking Space and Loading zone Striping 54. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Parking Lot Surface 55. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. Driveway Modification 56. The width of the driveway shall be expanded to a minimum of 45 feet, and two turn lanes in and out shall be provided. Waste Management Education Program 57. The on -site building manager or designee will conduct a routine waste management education program on --site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the Ventura County Solid Waste Management Department. EmvlMent or Disposal of Hazardous Materials 58. Prior to any occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. Solid Waste Facilities and Planning 59. Prior to approval of the issuance of a Zoning Clearance for a building permit, a Solid and Hazardous Waste Management Plan shall be prepared and submitted to the City Director of Community Development for review and approval. This plan shall include specific measures to reduce the amount DST: c: \1- M \sdi \cc- cond.ipd 15 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 of refuse generated by the proposed project and shall be developed in consultation with the City of Moorpark Solid Waste Coordinator to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. The plan shall also include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. 60. The Solid and Hazardous Waste Management Plan shall include provisions for the recycling of manufacturing or commercial facility waste products suitable for reuse programs. A green waste reduction program for landscaping maintenance shall be included in this Plan. Provisions for on -site source separation and recycling shall be incorporated into the building plans for any buildings or facilities constructed on Lots 1, 2, and 3. 61. The Solid Waste Mitigation Plan shall require the integration of waste reduction and hazardous waste management concepts into the project CC &R's for the lots included within the Vesting Map. 62. Where feasible, the use of recycled building materials shall be included in the construction of both the manufacturing and commercial components of the project. Language shall be included in the CC &Rls to encourage such use. 63. Any on -site commercial cafeteria(s) shall include "built -in" recycling and trash separation areas. 64. Designated recycling areas with appropriate bins shall be provided for on- site source separation. Bins shall also be provided for greenwaste and related recyclable material. Specific solid waste source separation areas shall be provided for all lots. Rubbish and Recycling Space Requirements Requirement for Franchise Hauler Usage Form 65. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high, solid wall enclosure with metal gates. The final design of the trash enclosures shall be subject to approval of the Director of Community Development prior to the issuance of a Zoning Clearance. Pipe guards shall be eliminated around typical trash enclosures. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. DST: c: \1- M \sdi \cc- cond.ipd 16 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 Prior to issuance of a zoning Clearance, the Franchise Hauler Usage Form must be submitted by the Applicant /Developer to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. The Applicant /Developer must specify which franchised hauler is to be contracted for ongoing or temporary solid waste collection services for this project. The form is available at the Community Development Department and the form contains a listing of the City's franchised haulers. Disposal Areas on Plot Plan 66. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail) or industrial developments, space allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading DST:c: \1- M \sdi \cc- cond.ipd 17 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Enclosure. The design of the refuse enclosure shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas shall be screened with a six foot high, solid wall enclosure with metal gates. i. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.511), the opening of any bin enclosure must be at least 84 inches (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse \recycling enclosure shall have gates and shall be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American with Disabilities Act. iv. The enclosure shall have a separate indirect access way for pedestrians, which does not require doors or gates. Unconditional Will -Serve Letter 67. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. Water Service Connection 68. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. DST:c: \1- M \Sdi \cc- cond.ipd 18 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 Waterline Requirement 69. Applicant /Developer shall be required to installer waterline within "A" Geux-c l3 �;to provide domestic water services €erg R , 3 . bi g and _'_ `e r_ _de fire protection for the development, Q � APCD Review of Uses 70. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. Building Security Specifications 71. Prior to issuance of a building permit, the Building and Safety Department shall insure that the construction plans incorporate the requirements of the Building Security Specifications of the Moorpark Police Department. Enforcement of Vehicle Codes 72. Prior to Occupancy, the Applicant /Developer shall request the City to enforce appropriate vehicle codes on subject property, including the private access roads and parking lot, as permitted by Vehicle Code Section 21107.7. Construction Noise 73. No exceptions shall be permitted to construction activity limitations in City Noise ordinances in effect at the time individual lots of the Vesting Tentative Map are developed. 74. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from residential neighborhoods situated north of the project site across the Arroyo Simi. Impulse Noise Associated with Manufacturing Activities 75. All manufacturing processes and testing with sustained noise sources in excess of 65 dBA shall be contained indoors within the plant facility. No un- contained detonations shall be permitted. Compliance with this requirement may be achieved by a variety of means including undergrounding facilities for impulse tests, providing noise absorbing above ground structures, or by other means devised by a certified acoustical DST: c: \1-M\sdi\cc-cond.ipd 19 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 consultant. No single event testing shall be exempt from this requirement. The tolerated noise generation for the project at the property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and 60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA, whichever standard is more restrictive. if ambient noise levels exceed these restrictions due to the proximity of State Route 23, the ambient noise level shall be the standard that shall not be exceeded at the property line of Lot 3. 76. The City shall require annual noise monitoring and reporting for any sustained noise generating activity. The Industrial Planned Development Permit for any project constructed on Lot 3 shall be subject to this requirement. If Lots 1 or 2 are converted from anticipated commercial to manufacturing uses, noise monitoring and reporting requirements shall also apply to these lots. The City shall, in the conditions for the Industrial Planned Development Permits associated with the project, reserve the right to require additional noise mitigation if monitoring data indicates such mitigation is advisable. Biological Resource Preservation 77. Prior to initiation of rough grading or approval of the Final Vesting Map, a proposed Habitat Restoration Plan shall be prepared by a qualified landscape architect with the assistance of a native plant ecologist to assure compensation for the loss of native habitats that will occur as a result of project development; this plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The habitat restoration plan shall emphasize the selective use of native grasses, shrubs, trees, and plants in areas of landscaping within the project boundary and in the Caltrans interchange improvement area. The plan shall also require project perimeter planting and landscaping of selected areas with the native plants common to the native ecological communities on the site (e.g., Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica, Calochortus catalinae, Calochortus clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica, Anemopsis californica). 78. The Applicant /Developer shall fund a program to plant and /or restore acreage equal to the amount of damaged or destroyed oak woodland. To properly implement this program, an Oak Woodland Restoration and Reforestation Plan shall be prepared by a qualified landscape architect and arborist prior to initiation of rough grading. This plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The precise number of trees, replanting specifications, tree sizes and locations and related details shall be enumerated in the plan once a final grading plan is prepared for the project. The intent of this program is to provide 3:1 replacement of oak DST:c: \1- M\sdi\cc- cond.ipd 20 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 trees that are removed during grading and also replacement of lost habitat. The Plan shall require the 100 foot fill slope along the northern perimeter of Lot 3 to be fully restored with oak woodland. The Applicant /Developer shall be responsible for maintaining the restored oak woodlands (estimated to be a period of five years) until the native trees and associated understory plants are successfully established and the City's Director of Community Development has approved in writing that maintenance can be discontinued without resulting in plant mortality. 79. Prior to initiation of rough grading or approval of the Final Map, the site plan shall be revised, to the extent feasible, to provide for preservation of riparian habitats situated on the north side of the property bordering the Arroyo Simi and floodway easement area. In addition, a riparian restoration and enhancement area shall be set aside within the portion of Lot 4 that is situated inside the 100 year flood limit line. 80. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City and Ventura County Fire Protection District shall monitor the use of native plants through review and approval of all project landscape plans. Native plants acceptable to the County Fire Protection District shall be used in fuel modification zones. To facilitate recovery of native plants in non -fuel management areas, topsoil shall be cleared, removed, stockpiled, and then, at the conclusion of grading, redistributed on cut and fill slopes that are not proposed to be planted with ornamental landscaping. Replaced topsoil shall be stabilized to prevent erosion. 81. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3 of the Vesting Map, until Open Space Lots A, B, and C have been recorded and any associated open space easements have been transferred, dedicated or otherwise secured from developer. Verification of Open Space or Conservation Easement dedications shall be provided with the application for Zone Clearance. No recordation of any lots shall occur until the completion of Caltrans right -of -way land exchanges have been documented (if such exchanges are still a component of the Applicant /Developer's program for land acquisition and transfer). Evidence of the successful exchange of right -of -way shall be provided in the form of recorded easement or ownership documents prior to the approval or recordation of any Phase of the Vesting Tentative Map. 82. An updated tree report shall be prepared once the required final geotechnical analysis of the project is complete and final site design and grading evaluation has been completed. Any additional trees to be impacted by the project, not included in the original assessment, shall be incorporated into the tree report mitigation statistics (replacement value, etc.). To the degree feasible, mature trees and native oak trees located at the margins of grading activity, shall be preserved. As DST: c: \1- M \sdi \cc- cond.ipd 21 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 required by City Municipal Code, the value of all mature trees and oak trees to be removed as a result of project grading and construction shall be applied to upgrading the size of tree plantings associated with the project. The required Habitat Restoration Plan shall identify the appraisal value of native oak trees and mature trees to be removed and the upgrading of size of tree plantings proposed in compliance with City Municipal Code requirements. 83. Prior to approval of the Final Map and /or issuance of a rough grading permit, the two stands of Lyon's Pentachaeta, located on Lot A, shall be precisely mapped and preserved. The Applicant /Developer shall fund all City costs, including administrative and overhead, to monitor the mapped sensitive habitat areas during construction. 84. Prior to issuance of a building permit for either commercial or manufacturing facilities, the removal and modification of habitat within and adjacent to the riparian corridor shall be compensated by the restoration of Valley Oak Woodland and native riparian tree canopy within the 100 year flood limit line of Lot 4 adjacent to the Arroyo Simi. Mitigation shall require successful establishment of the following species and plant quantities: Species Ouantity Populus fremontii (Cottonwood) 10 Alnus rhombifolia (Alder) 8 Acer negundo Subsp. (Box Elder) 8 Platanus racemosa (Sycamore) 20 Sambucus mexicana (Elderberry) 10 Juglans californicus (Walnut) 10 Quercus lobata (Valley Oak) 20 Quercus agrifolia (Live Oak) 20 Trees shall at a minimum be 5 gallon container specimens (except for willows which can be 1 gallon in size) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. Department of Fish and Game 1603 Compliance procedures shall govern the implementation of this restoration program and a permit shall be obtained from this agency prior to initiating rough grading activities. Restoration areas shall be incorporated into the project Habitat Management Plan. 85. SDI shall cooperate with any public agency sponsored habitat restoration and /or enhancement program for the Arroyo Simi, including but not limited to removal of the giant reed, Arundo donax, by allowing access to and along the Arroyo Simi. DST:c: \1- M \sdi \cc- cond.ipd 22 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 86. Prior to the first occupancy approval, perimeter fencing shall be provided in areas where employees or visitors could obtain access to surrounding conservation easement lands and maintenance areas which can be used for native plant restoration. No fencing that is likely to preclude the use of this property as a wildlife corridor shall be placed around the perimeter of the property, and all efforts to facilitate the use of this property as a wildlife corridor shall be made by the Applicant /Developer under the guidance of the City. 87. Off road vehicle (ORV) use on property within the project boundary shall be prohibited. Prior to rough grading permit approval, signage shall be placed on the property indicating that ORV use is prohibited. 88. Prior to rough grading permit or Final Map approval, the Applicant /Developer shall pay a one -time fee of $35,000 for a sensitive species mitigation program to be managed by the City. The purposes of this program include (1) studying the location and distribution of sensitive species, (2) restoring marginal habitats within proposed onsite conservation easement areas or within permanent public open space or right -of -way, (3) contributing to the purchase of endangered habitats on private land within the City. Cultural Resource Mitigation Planning 89. A Cultural Resource Monitoring Program shall be instituted during the initial vegetation clearance for the project. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I and IZ survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the grading program. if cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. A Chumash representative shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. 90. Prior to initiation of rough grading, the surface artifacts situated within archaeology site Ven -898 shall be mapped, recorded, and collected and this data, together with previously collected Phase II subsurface testing information, shall be incorporated into a cultural resource mitigation document for the project. This report shall also address the results of any investigation related to monitoring of initial grading activities. Paleontological Data Recovery DST: c: \1-M\sdi\cc-cond.ipd 23 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 91. A Paleontological Mitigation Plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval prior to the initiation of mass grading. The development and implementation of this program shall include consultations with the Applicant /Developer's engineering geologist. The monitoring and data recovery shall be performed by a qualified paleontologist. The data recovery shall include periodic inspections of excavations and, if necessary, fossil data recovery shall be performed to recover exposed fossil material. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. The costs of this Paleontological Mitigation Plan shall not exceed the financial limitations set forth in CEQA Appendix K Guidelines. Fish and Game Requirement 92. The day following second reading of an ordinance amending the zoning for the Project site, the applicant shall submit to the City of Moorpark a check for $875.00, payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c), the project is not operative, vested, or final until the filing fees are paid. Surety for Rough Grading 93. A rough grading permit shall not be approved until: 1) Final Map No. 5004 has been recorded; and 2) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan and completion of the rough grading; construction of "A" Street and all related improvements including landscaping; construction of water and sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program) . In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. II. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: DST:c: \1- M \sdi \cc- cond.ipd 24 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 General Requirements 94. The Applicant /Developer shall obtain City Council approval of a Final Map. Issuance of permits may follow in accordance with these and subsequent conditions of approval for any IPD or CPD. 95. The applicants for each lot shall be required to file a Notice of Intent to meet State requirements regarding runoff associated with construction activity ( NPDES Permit). 96. To comply with NPDES requirements, the Applicant /Developer for Lot 3 shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project; this Plan shall be reviewed and approved by the City Engineer prior to the issuance of permits for rough grading. This plan shall define how the receiving water bodies (the Arroyo Simi) shall be protected from degradation. 97. (As part of the NPDES Permit) The grading permits issued for the development shall require maintenance schedules for earthmoving equipment and documentation of proper disposal of used oil and other lubricants. The Applicant /Developer shall obtain all necessary NPDES related permits prior to City issuance of the initial grading permit for the project. 98. The Applicant /Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 99. The Applicant /Developer shall comply with all pertinent County of Ventura Public Works Department connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Flood Control and Waterworks District No. 1) . Private systems serving industrial or commercial sites shall be reviewed by the City Building Department, subject to County of Ventura Public Works and Uniform Building Code Standards, as required and approved by the City Engineer. Geotechnical /Geology 100. Prior to issuance of any grading permits, the Applicant /Developer or subsequent developers shall contract with an engineering geologist and geotechnical engineer to study potential liquefaction related effects for Lots 1 through 3, Lots B and C, and the access road linking the northeast portion of Lot 3 (flag area) with the southeast portion of Lot 3. No structure shall be placed within 50 feet of any adopted setback for DST:c:\1 -M \ sdi\cc- cond.ipd 25 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 minimizing the consequences of liquefaction related failure. No development on the flag area portion of Lot 3 shall be permitted until secondary access is provided over the Arroyo Simi (or by other routes to the south) and the access road between the two potential development areas of Lot 3 is designed and built to standards that will permit the road to remain in place without significant failure in the event of an earthquake. 101. The Applicant /Developer shall develop a master agreement among all owners of commercial and manufacturing developments within the tentative map boundary which shall provide for a Slope Maintenance Program designed to ensure that risks of slope failure are minimized. This Slope Maintenance Program shall address recommendations contained in the project geotechnical report. The Slope Maintenance Program document shall be reviewed and approved by the City Geologist, City Engineer, and Director of Community Development prior to issuance of permits for rough grading. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. 102. The applicant's engineering geologist and geotechnical engineering consultant shall prepare a written review of detailed grading plans (1" =40' scale). This written review is required to assure that all geotechnical recommendations have been incorporated into project plans and specifications. Supplemental recommendations shall be made on a lot by lot basis as necessary and any additional testing shall be completed prior to submission of grading plans. The grading plan review by the applicant's consultant may also include a recommendation to conduct additional subsurface investigation, if necessary. At the time of grading plan submittal, the Applicant /Developer shall submit this written review to the City Engineer and consulting City geologist and geotechnical engineer for review and approval. 103. Prior to undertaking any bank stabilization or remedial work in the Arroyo Simi, the Applicant /Developer shall obtain a Section 404 permit from the Army Corps of Engineers. PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 104. All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. 105. The Applicant /Developer or subsequent developers shall contract with an engineering geologist to study any unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace which is classified as active by definition of the State Geologist. Final grading requirements shall be defined by an engineering geologist. All geological DST: c: \1- M \sdi \cc- cond.ipd 26 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. 106. All habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 107. An approved Bank Protection Plan shall be completed prior to issuance of rough grading permits or any building permits for commercial or manufacturing structures. PRIOR TO ISSUANCZ OF A ZONING CLZARANCZ FOR OCCUPANCY FOR THE FIRST INDUSTRIAL UNIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Storm Water Runoff and Flood Control Planning 108. Construction of any required bank protection along the Arroyo Simi must be completed before occupancy approval. Street Improvement Requirements Interior Streets: Private: 109. The private street, extending from the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway, shall be constructed and shall have a minimum width of 63 feet and conform to cross section "A" as depicted on Sheet 1 of the approved tentative map. The cross section shall also provide for a five (5) foot sidewalk adjacent to and extending between Lots 1 and 3, and a five (5) foot parkway along both sides of the street. Between Lots 1 and 3, the parkway shall be located between the curb and the sidewalk. The portion of the private street between the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway shall provide two (2) travel lanes in each direction. A turnaround built to City of Moorpark and Fire Protection District approved standards shall also be provided at the Lot 3 driveway. 110. The slope maintenance road abutting Lot 3 (extending east of the Lot 3 driveway access) shall be completed. The access road surface type shall be reviewed and approved by the Fire Protection District and City Engineer. In addition, the Applicant /Developer shall construct a Fire Protection District approved gate to prohibit public access to this slope maintenance road. 111. The secondary access driveway connecting the SR -23 freeway and serving Lot 3 shall be designed to all applicable City of Moorpark and Ventura County DST:c: \1- M \sdi \cc- cond.ipd 27 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 Fire Protection District standards. All surface treatments and access gate systems shall also be approved by the City and Fire Protection District. Other Street Improvements: 112. The SR -23 /New Los Angeles Avenue interchange and adjacent improvements shall be constructed to the satisfaction of the City and Caltrans. The existing interchange shall be improved to provide new traffic signals at the terminus of the north and southbound SR -23 off ramps and an access extension of New Los Angeles Avenue easterly into the SDI project. widening of the existing road improvements within the interchange area shall also be accomplished. All transitions onto New Los Angeles Avenue and into the SDI property shall be approved by the City Engineer. All plan check and inspection costs incurred by the City for these interchange improvements and transitions shall be paid by the developer. 113. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. 114. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 115. Street signs consistent with County Road and Fire District Standards shall be installed prior to occupancy. DURING GRADING AND CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 116. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 117. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 118. During clearing, grading, earth moving or excavation operations, dust emissions shall be controlled by regular watering with reclaimed water,;', DST.c:\1- M \sdi \cc- cond.ipd 28 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) or anytime wind speeds are such as to blow excessive dust offsite. The contractor shall maintain contact with the Air Pollution Control District (APCD) meterologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on- site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. h. Wash off heavy -duty construction vehicles before they leave the site. 119. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with DST: c: \1- M \sdi \cc- cond.ipd 29 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 a fast - growing, soil - binding plant to reduce wind erosion and its contribution to local particulate levels. b. All active portion of the construction site shall be sufficiently watered or treated with environmentally -safe dust suppressants as often as necessary to prevent excessive amounts of dust. 120. At all times, fugitive dust emissions shall be controlled using the following procedures: a. On -site vehicle speed shall be limited to 15 mph. b. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be watered periodically. C. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. 121. Ozone precursor construction emissions shall be controlled using the following measures: a. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. b. During smog season (May through October), the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. C. Construction activities shall utilize new technologies to control ozone precursor emissions as they become available and feasible. 122. All diesel engines used in construction equipments shall use reformulated diesel fuel and high pressure injectors. 123. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 124. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 125. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 DST:c: \1- M \sdi \cc- cond.ipd 30 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 126. Truck noise from hauling operations shall be minimized through establish- ing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. 127. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 128. Equipment not in use for more than ten minutes shall be turned off. 129. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 130. The subdivider shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 131. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from residential neighborhoods situated north of the project site across the Arroyo Simi. 132. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 133. During smog season (May through October), the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. 134. Construction activities shall utilize new technologies to control ozone precursor emissions as they become available and feasible. 135. Improvements related to sediment management shall be made which will be sufficient to reduce estimated sediment generation to pre - development DST:c: \1- M \sdi \cc- cond.ipd 31 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 levels. These improvements shall be made in conjunction with commencement of rough grading operations for the proposed developable lots. All improvements related to debris management shall be completed prior to the first rainy season to occur after rough grading has commenced. 136. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 137. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 138. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 139. Sufficient surety in a form acceptable to the City guaranteeing the public improvements shall be provided. 140. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 141. Original "as built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. DST.c:\1- M \sdi \cc- cond.ipd 32 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED 142. Construction of the SR -23 /Los Angeles Avenue interchange shall be completed to the satisfaction of the City Of Moorpark and Caltrans. 143. The Applicant /Developer shall have recorded Tract No. 5004 and shall have complied with the conditions of approval for that Tract. III. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS Project Description ouestionnaire 144. Prior to issuance of a Zoning Clearance for tenant occupancy (new or changed uses), a detailed project description questionnaire shall be submitted to the Ventura County Environmental Health Department for review and approval. Hazardous Waste Permit 145. Prior to the issuance of a Zoning Clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. Hazardous Materials Handling 146. Prior to the issuance of a Zoning Clearance for tenant occupancy, the storage, handling and disposal of potentially hazardous materials from future tenants shall be in compliance with applicable State and local regulations. Hazardous Waste Minimization Plan 147. Prior to the issuance of a Zoning Clearance for tenant occupancy, the proposed use shall be approved and approved (in writing) by the Ventura County Environmental Health Department to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of hazardous materials, and that any required permits have been obtained. If required by the Environmental Health Department, the Applicant /Developer shall prepare a Hazardous Waste Minimization Plan, and shall obtain a Hazardous Waste Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be DST:c: \1- M \sdi \cc- cond.ipd 33 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 forwarded to the City of Moorpark Department of Community Development by certified mail to be placed in the project file. IV. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION: 148. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 149. Construction equipment, tools, etc., shall be properly secured during non- working hours. 150. All appliances and office equipment shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. 151. Contractors and sub - contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING CLEARANCE /BUILDING PERMIT: 152. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 153. Parking lots shall have a minimum maintained one foot candle of lighting at ground level. All lights shall be shielded to prevent light and glare impacts to adjacent residents. 154. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 155. Lighting devices shall be high enough so as to prevent anyone on the ground from tampering with them. 156. Front door entrances shall be visible from the street or parking areas. PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Address 157. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. The numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. DST:c: \1- M \sdi \cc- cond.ipd 34 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 158. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to designation. 159. Addresses shall also be displayed on the roof in florescent orange with the numbers and street in letters a minimum of three feet in height. This will assist the Ventura County Sheriff's Air Unit in identifying these buildings from the air in the event of an emergency. Security 160. The Applicant /Developer shall prepare and submit to the Community Development Department Director for review and approval a security plan. This plan shall be oriented to reducing potential service demands on police. The plan shall be approved prior to the issuance of a Zoning Clearance for the building permit. 161. An alarm system shall be installed and shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made, or other security measures shall be implemented as approved by the Police Chief. 162. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 163. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 164. Prior to issuance of building permits for either the manufacturing (Lot 3) or commercial (Lots 1 and 2) components of the project, the Moorpark Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into project plans. The Applicant /Developer shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. The City Director of Community Development shall be responsible for review and approval of all defensible space design features incorporated into both manufacturing and commercial projects. This review shall occur prior to initiation of plan check for either manufacturing or commercial buildings. 165. The Applicant /Developer (or future applicants) shall prepare and submit to the City Director of Community Development for review and approval Security Plans for Commercial Developments situated on Lots 1 or 2. These plans will be reviewed and approved through the Commercial Planned Development permit process. A security plan shall also be provided for manufacturing facilities situated on Lot 3. SDI (or other manufacturing DST: c: \1-M\sdi\cc-cond.ipd 35 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 facility developers) shall provide a private security program to assure the safety of all explosive and /or hazardous materials used in present or future manufacturing operations. These plans shall be prepared to assure reduction of potential service demands on police or emergency service providers. The plan shall be approved prior to the issuance of building permits for construction on any developable lots. V. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS Fire Hazard Reduction Program 166. Prior to approval of the Final Vesting Map or issuance of building permits for any lot, the Applicant /Developer shall retain a certified fire management professional and a landscape architect, with native plant experience, to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the Ventura County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. The program shall apply to all lands within 200 feet of the developed portion of the project (or as amended by the certified fire professional) . Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. 167. Within the fuel modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements shall include a combination of trees, shrubs, and groundcover. Irrigation shall not be provided unless necessitated by the plant materials selected. 168. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed Owners' Association and property owners, as applicable, shall be responsible for implementing this Program in perpetuity. 169. All structures adjacent to open space and structures with blow -out walls shall be designed to satisfy fire retarding architectural and building code requirements of the City and the County Fire Protection District. Road and Driveway Requirements 170. A minimum street width of 36 feet shall be proved for access roads. DST:c:\1 -M \ sdi\cc- cond.ipd 36 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 171. A minimum street width of 30 feet shall be provided around all structures. 172. A minimum street width of 30 feet shall be provided where parking lot access is used as second access. 173. Prior to construction, the Applicant /Developer shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 174. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. 175. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 176. Access roads shall not exceed 15 percent grade. 177. All driveways shall have a minimum vertical clearance of 13 feet 6'inches (13' 6"). 178. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Private Road Guidelines. Complete access shall be submitted prior to approval of this project by the Fire District. An acceptable primary and secondary access plan for the northeast portion of Lot 3 shall be prepared and approved by the City Engineer, City Geologist, and County Fire Protection District prior to approval of a grading permit, IPD Permit, and building permit for that portion of Lot 3. 179. Prior to construction, the Applicant /Developer shall submit two street improvement plans to the Fire District for review and approval of all access gates and the roadway approach to all gates. 180. Any gates to control vehicle access are to be located so as to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Fire Protection District. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox system shall be installed. Gate plan details shall be submitted to the Fire District for approval prior to recordation. 181. Prior to recordation of the Final Map, proposed street names shall be submitted to the Fire District's Communications Center for review and comment. DST: c: \1- M \sdi \cc- cond.ipd 37 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 182. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Fire Hy drant/Fire Flow Re uirem n s 183. Prior to recordation of the Final Map and the issuance of building permits, the Applicant /Developer shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 184. Prior to construction, the Applicant /Developer shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 185. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two 4 -inch and one 2 % -inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 186. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3500 gallons per minute at 20 psi. The Applicant /Developer shall verify that the water purveyor can provide the required volume at the project. Prior to Zoning Clearance approval for the building permit, fire suppression and fire flow requirements for buildout of all developable lots shall be established by the Ventura County Waterworks District No. 1 and the Ventura County Fire Protection District. The Subdivider's Civil Engineer shall determine if the projected fire flows are adequate, and this determination shall be verified by the City Engineer and Fire Protection District staff. Building and Construction Requirements DST:c: \1- M \sdi \cc- cond.ipd 38 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 187. Address numbers, a minimum of 6 inches (611) high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 188. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 189. All buildings shall be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, and approval to the Fire District. 190. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 191. All structures shall meet hazardous fire area building code requirements. All structures adjacent to open space and structures with blow -out walls shall be designed to satisfy fire retarding architectural and building code requirements of the City and the County Fire Protection District. Building plans of all A and H occupancies shall be submitted to the Fire District for plan check. 192. Plans for any fire alarm system shall be submitted to the Fire District for plan check and approval. 193. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review by the Fire District. 194. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. 195. A certification shall be submitted to the Fire District by a qualified specialist or engineer that the fire safety properties and the facilities and appurtenances situated thereon meet the prescribed criteria of recommended good practice. 196. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 200 feet from structures, as described in the EIR. 197. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of DST:c: \1- M \sdi \cc- cond.ipd 39 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. (Uniform Fire Code, Article 11.) 198. Applicant /Developer shall obtain VCFD Form #126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 199. Applicant /Developer shall submit a phasing plan to the Fire Department for review and approval prior to construction. 200. Prior to Zoning Clearance approval for a building permit, the Applicant /Developer shall submit to the Fire District the following information: Actual building diagrams, including proposed and future structures, completed infrastructure including verification of water and actual street alignments, and the type, quantity, storage, and use practices of the "volatile liquid storage" buildings. 201. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection District. Adequate on -site water supplies shall be provided during the grading and construction period to assure that adequate fire suppression capability is available. 202. All equipment and material staging activities shall be coordinated with the County Fire Protection District. Notification of staging locations and equipment storage areas shall be provided to the District and a location acceptable to the District shall be designated. Fire prone construction activities (initial vegetation clearance, hauling and stockpiling of vegetation, or any construction activity involving concentrated sources of heat) shall be prohibited during "Santa Ana" wind conditions. Risk Management, Emergency Response, and Hazards Materials Management Plans 203. For any lots developed with manufacturing uses, the Applicant /Developer shall prepare a Risk Management Plan, Emergency Response Plan, and Hazards Materials Management Plans acceptable to the City and the County Fire Protection District. These plans shall be reviewed and approved by the City Director of Community Development prior to issuance of an occupancy approval. DST: c: \1- M \sdi \cc- cond.ipd 40 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 VI. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 204. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 205. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, and sewer improvements necessary to serve the property. 206. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. 207. Prior to Zoning Clearance approval for a building permit, the entire property encompassed by Tract 5004 shall be annexed into the Waterworks District No. 1 service area. The pressure zone to which the project will be assigned shall be identified and the feasibility of providing the required domestic, landscaping, and fire flow supplies to all four proposed developable lots on the Vesting Map without on -site reservoir storage shall be documented. The infrastructure plan for the project shall be designed to address the details for the placement of all required water and sewer conveyance facilities in appropriate alignments. No alignments shall be approved by the City Engineer that pass through areas with potential landslide or liquefaction hazards. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure in said alignments. The City, at its discretion, may assist with the acquisition of such easements. 208. Prior to Zoning Clearance approval for a building permit, the proposed infrastructure plan for the project shall be designed to address unresolved questions regarding the capacity of and need for on -site storage, provision of adequate fire flows, the sizing of all required mains and distribution lines, and related pump station planning. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure. The final infrastructure plan shall be approved by Waterworks District No. 1, by the City Engineer, and by the Fire Protection District, prior to approval of the Vesting Map. 209. Prior to Zoning Clearance approval for a building permit, the proposed wastewater treatment conveyance facility plans for the project shall be designed to address unresolved questions regarding the capacity of adjacent sewer mainlines, the ability of the project effluent to be accommodated, and the sizing of all required mains and distribution lines, DST:c: \1- M \sdi \cc- cond.ipd 41 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED August 21, 1996 and related pump station planning. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure. The final wastewater treatment conveyance line plan shall be approved by Waterworks District No. 1 and by the City Engineer prior to approval of the Final Vesting Map. VII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL VESTING MAP 210. The approved Mitigation Monitoring Program to be included as Attachment _ to City Council Resolution No. 96- , and all applicable mitigation measures are requirements of the Industrial Planned Development Permit No. 95 -2, as shown by italic type in the preceding conditions of approval. In cases where a mitigation measure is a duplicate of a standard condition of approval, italic type is not shown. In cases where a mitigation measure has slightly different wording from a condition of approval, the language in the condition of approval shall be controlling. DST: c: \1- M \sdi \cc- cond.ipd 42